Claim of Bakke v. Ira S. Bushey & Son

Appellate Division of the Supreme Court of New York

Claim of Bakke v. Ira S. Bushey & Son

5 A.D.2d 909, 171 N.Y.S.2d 192, 1958 N.Y. App. Div. LEXIS 6729

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

DecidedMarch 5, 1958

StatusPublished

Cited by2 cases

This text of 5 A.D.2d 909 (Claim of Bakke v. Ira S. Bushey & Son) 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 Bakke v. Ira S. Bushey & Son, 5 A.D.2d 909, 171 N.Y.S.2d 192, 1958 N.Y. App. Div. LEXIS 6729 (N.Y. Ct. App. 1958).

Pincite

Opinion

Appeal by a self-insured employer from a disability award. It is clear and undisputed that claimant sustained an injury to his knee in the course of his employment on November 9, 1954. Nine days later claimant’s knee “locked” while he was engaged in a personal activity unrelated to his employment. Claimant’s disability, for which the award was made, is the result of a torn cartilage in his knee. The only question is whether or not the torn cartilage is attributable to the employment connected accident of November 9, 1954. The answer to such a question must necessarily depend upon the medical opinion of experts in that field. While the record discloses a conflict of medical opinions, there is substantial evidence to support a finding that the employment connected accident caused the disability for which the award was made. Award affirmed, with one bill of costs to be divided between the claimant and the Workmen’s Compensation Board, with printing disbursements to each.

Foster, P. J., Bergan, Coon and Gibson, JJ., concur.

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Appeal by a self-insured employer from a disability award. It is clear and undisputed that claimant sustained an injury to his knee in the course of his employment on November 9, 1954. Nine days later claimant’s knee “locked” while he was engaged in a personal activity unrelated to his employment. Claimant’s disability, for which the award was made, is the result of a torn cartilage in his knee. The only question is whether or not the torn cartilage is attributable to the employment connected accident of November 9, 1954. The answer to such a question must necessarily depend upon the medical opinion of experts in that field. While the record discloses a conflict of medical opinions, there is substantial evidence to support a finding that the employment connected accident caused the disability for which the award was made. Award affirmed, with one bill of costs to be divided between the claimant and the Workmen’s Compensation Board, with printing disbursements to each.

Foster, P. J., Bergan, Coon and Gibson, JJ., concur.

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Bluebook (online)

5 A.D.2d 909, 171 N.Y.S.2d 192, 1958 N.Y. App. Div. LEXIS 6729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-bakke-v-ira-s-bushey-son-nyappdiv-1958.

Opinion

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