Claim of Capierseo v. Bonsignore

Appellate Division of the Supreme Court of New York

Claim of Capierseo v. Bonsignore

283 A.D. 976, 130 N.Y.S.2d 596, 1954 N.Y. App. Div. LEXIS 5983

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

DecidedMay 19, 1954

StatusPublished

This text of 283 A.D. 976 (Claim of Capierseo v. Bonsignore) 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 Capierseo v. Bonsignore, 283 A.D. 976, 130 N.Y.S.2d 596, 1954 N.Y. App. Div. LEXIS 5983 (N.Y. Ct. App. 1954).

Pincite

Opinion

— Appeal from an award of compensation made to claimant by the Workmen’s Compensation Board for disability. Claimant was employed as a tile setter and to assist in the placing of monuments. The board has found that on March 24, 1948, while helping to set a heavy monument on its base, he slipped and sustained injuries in the nature of a herniated disc. There is no substantial evidence in the record to sustain a finding that claimant had an accident on that date, and in view of the confused, contradictory and inconsistent testimony otherwise in the record the matter should be remitted for more definite proof. Award reversed, with costs to appellants against the Workmen’s Compensation Board and the matter remitted to the board for such action as it or any party to the claim may be advised. Foster, P. J., Bergan, Coon and Imrie, JJ., concur.

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— Appeal from an award of compensation made to claimant by the Workmen’s Compensation Board for disability. Claimant was employed as a tile setter and to assist in the placing of monuments. The board has found that on March 24, 1948, while helping to set a heavy monument on its base, he slipped and sustained injuries in the nature of a herniated disc. There is no substantial evidence in the record to sustain a finding that claimant had an accident on that date, and in view of the confused, contradictory and inconsistent testimony otherwise in the record the matter should be remitted for more definite proof. Award reversed, with costs to appellants against the Workmen’s Compensation Board and the matter remitted to the board for such action as it or any party to the claim may be advised. Foster, P. J., Bergan, Coon and Imrie, JJ., concur.

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Bluebook (online)

283 A.D. 976, 130 N.Y.S.2d 596, 1954 N.Y. App. Div. LEXIS 5983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-capierseo-v-bonsignore-nyappdiv-1954.