Claim of Brewer v. Thomas Foundry, Inc.

Appellate Division of the Supreme Court of New York

Claim of Brewer v. Thomas Foundry, Inc.

39 A.D.2d 992, 333 N.Y.S.2d 438, 1972 N.Y. App. Div. LEXIS 4242

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

DecidedJune 21, 1972

StatusPublished

This text of 39 A.D.2d 992 (Claim of Brewer v. Thomas Foundry, Inc.) 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 Brewer v. Thomas Foundry, Inc., 39 A.D.2d 992, 333 N.Y.S.2d 438, 1972 N.Y. App. Div. LEXIS 4242 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed July 14, 1971. Claimant had injured 'his left foot and ankle in 1966 when he fell during the course of his employment with Aetna Window Cleaning Company. On April 28, 1970 while claimant, now a foundry worker for Thomas Foundry, Inc., was carrying a heavy ladle of molten aluminum with a co-worker, his left ankle gave out. He fell, striking a mold and injuring his back. The board found that the “ fall and back injury is an accidental injury within the meaning of the Workmen’s Compensation Law and that disability is the result thereof ”. This finding is supported by substantial evidence (see 1 Larson, Workmen's Compensation Law, § 13.12; see, also, Matter of Morrison v. Congregation Sons of Israel, 28 A D 2d 1031; Matter of Grosskopf v. White Motor Co., 9 A D 2d 589). Decision affirmed, with one bill of costs to respondents filing briefs. Herlihy, P. J., Greenblott, Simons, Kane and Reynolds, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed July 14, 1971. Claimant had injured 'his left foot and ankle in 1966 when he fell during the course of his employment with Aetna Window Cleaning Company. On April 28, 1970 while claimant, now a foundry worker for Thomas Foundry, Inc., was carrying a heavy ladle of molten aluminum with a co-worker, his left ankle gave out. He fell, striking a mold and injuring his back. The board found that the “ fall and back injury is an accidental injury within the meaning of the Workmen’s Compensation Law and that disability is the result thereof ”. This finding is supported by substantial evidence (see 1 Larson, Workmen's Compensation Law, § 13.12; see, also, Matter of Morrison v. Congregation Sons of Israel, 28 A D 2d 1031; Matter of Grosskopf v. White Motor Co., 9 A D 2d 589). Decision affirmed, with one bill of costs to respondents filing briefs. Herlihy, P. J., Greenblott, Simons, Kane and Reynolds, JJ., concur.

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Bluebook (online)

39 A.D.2d 992, 333 N.Y.S.2d 438, 1972 N.Y. App. Div. LEXIS 4242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-brewer-v-thomas-foundry-inc-nyappdiv-1972.