Claim of Block v. Oldsmobile North Shore Motor Sales Corp.

Appellate Division of the Supreme Court of New York

Claim of Block v. Oldsmobile North Shore Motor Sales Corp.

277 A.D.2d 818

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

DecidedMay 10, 1950

StatusPublished

This text of 277 A.D.2d 818 (Claim of Block v. Oldsmobile North Shore Motor Sales 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 Block v. Oldsmobile North Shore Motor Sales Corp., 277 A.D.2d 818 (N.Y. Ct. App. 1950).

Pincite

Opinion

This is an appeal by an employer and its insurance carrier from a schedule award made by the Workmen’s Compensation Board in favor of claimant for partial disability. The board found that on April 11, 1942, claimant sustained accidental injuries which arose out of and in the course of his employment. It found that, while working for his employer, he stepped on an upholstery tack which penetrated through the shoe into the point of the left great toe which caused claimant to suffer accidental injuries in the nature of chills, fever and gangrene of the left toe which necessitated the amputation of that member, and which caused an infection to spread to the left leg which ultimately resulted in the amputation of that leg. The evidence sustains the findings of the board. Award affirmed, with costs to the Workmen’s Compensation Board. Foster, P. J., Heifernan, Bergan and Coon, JJ., concur; Deyo, J., dissents, on the grounds that there is not a scintilla of evidence to sustain the finding of an industrial accident and that timely notice of this injury was not given.

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This is an appeal by an employer and its insurance carrier from a schedule award made by the Workmen’s Compensation Board in favor of claimant for partial disability. The board found that on April 11, 1942, claimant sustained accidental injuries which arose out of and in the course of his employment. It found that, while working for his employer, he stepped on an upholstery tack which penetrated through the shoe into the point of the left great toe which caused claimant to suffer accidental injuries in the nature of chills, fever and gangrene of the left toe which necessitated the amputation of that member, and which caused an infection to spread to the left leg which ultimately resulted in the amputation of that leg. The evidence sustains the findings of the board. Award affirmed, with costs to the Workmen’s Compensation Board. Foster, P. J., Heifernan, Bergan and Coon, JJ., concur; Deyo, J., dissents, on the grounds that there is not a scintilla of evidence to sustain the finding of an industrial accident and that timely notice of this injury was not given.

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Bluebook (online)

277 A.D.2d 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-block-v-oldsmobile-north-shore-motor-sales-corp-nyappdiv-1950.