Claim of Badillo v. 1215 Grand Concourse Corp.

Appellate Division of the Supreme Court of New York

Claim of Badillo v. 1215 Grand Concourse Corp.

8 A.D.2d 899, 187 N.Y.S.2d 54, 1959 N.Y. App. Div. LEXIS 8316

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 9, 1959

StatusPublished

This text of 8 A.D.2d 899 (Claim of Badillo v. 1215 Grand Concourse Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Badillo v. 1215 Grand Concourse Corp., 8 A.D.2d 899, 187 N.Y.S.2d 54, 1959 N.Y. App. Div. LEXIS 8316 (N.Y. Ct. App. 1959).

Pincite

Opinion

Appeal by employer-carrier from a decision granting and allowing death benefits to claimant. Decedent died March 14, 1956, from postoperative peritonitis resulting from a radical gastroenterostomy, the board finding it to be a natural and unavoidable result of accidental injuries sustained on September 23, 1955. The sole question concerns the causal relationship between accident and death. A serious issue of fact developed from the medical testimony which the Referee resolved in favor of the claimant. Thereafter, the board, upon review and at the request of the carrier and in the interests of justice, decided the question of causal relationship should be submitted to an impartial specialist for an opinion. Dr. Crohn, the impartial specialist, reported in his opinion “ that the active ulcer which led to his death followed the trauma and was caused by the trauma of the accident which occurred on September 23, 1955”. He thereafter testified. Appellants now complain as to Dr. Crohn and state in their 'brief that the doctor’s testimony justified a contrary conclusion. Such an opinion is based upon facts, which are exclusively within the province of the board, assuming there is substantial evidence, which we find in this ease. (Matter of Palmero v. Gallucci & Sons, 6 A D 2d 911, affd. 5 N V 2d 5291.) Decision and award unanimously affirmed, with costs to the Workmen’s Compensation Board against the appellants. Present — Foster, P. J., Bergan, Coon, Herlihy and Reynolds, JJ.

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Appeal by employer-carrier from a decision granting and allowing death benefits to claimant. Decedent died March 14, 1956, from postoperative peritonitis resulting from a radical gastroenterostomy, the board finding it to be a natural and unavoidable result of accidental injuries sustained on September 23, 1955. The sole question concerns the causal relationship between accident and death. A serious issue of fact developed from the medical testimony which the Referee resolved in favor of the claimant. Thereafter, the board, upon review and at the request of the carrier and in the interests of justice, decided the question of causal relationship should be submitted to an impartial specialist for an opinion. Dr. Crohn, the impartial specialist, reported in his opinion “ that the active ulcer which led to his death followed the trauma and was caused by the trauma of the accident which occurred on September 23, 1955”. He thereafter testified. Appellants now complain as to Dr. Crohn and state in their 'brief that the doctor’s testimony justified a contrary conclusion. Such an opinion is based upon facts, which are exclusively within the province of the board, assuming there is substantial evidence, which we find in this ease. (Matter of Palmero v. Gallucci & Sons, 6 A D 2d 911, affd. 5 N V 2d 5291.) Decision and award unanimously affirmed, with costs to the Workmen’s Compensation Board against the appellants. Present — Foster, P. J., Bergan, Coon, Herlihy and Reynolds, JJ.

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Bluebook (online)

8 A.D.2d 899, 187 N.Y.S.2d 54, 1959 N.Y. App. Div. LEXIS 8316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-badillo-v-1215-grand-concourse-corp-nyappdiv-1959.