Claim of Cartenuto v. McConnell & Co.

Appellate Division of the Supreme Court of New York

Claim of Cartenuto v. McConnell & Co.

254 A.D. 612, 2 N.Y.S.2d 841

Appellate Division of the Supreme Court of the State of New York·Decided March 16, 1938·Published·Cited by 3 cases

Opinion

Claimant suffered an industrial injury to his foot; in addition thereto he suffered from osteomyelitis in his foot. The doctors advised amputation of the foot; the claimant has declined to follow their advice. Whether or not this was reasonable was a question of fact to be determined by the State Industrial Board. The injury to the foot wholly incapacitates the claimant, and confines him to his bed. This does not constitute a schedule loss, and may as a matter of fact result in total disability. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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Claimant suffered an industrial injury to his foot; in addition thereto he suffered from osteomyelitis in his foot. The doctors advised amputation of the foot; the claimant has declined to follow their advice. Whether or not this was reasonable was a question of fact to be determined by the State Industrial Board. The injury to the foot wholly incapacitates the claimant, and confines him to his bed. This does not constitute a schedule loss, and may as a matter of fact result in total disability. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

Claim of Cartenuto v. McConnell & Co., 254 A.D. 612, 2 N.Y.S.2d 841 (N.Y. Ct. App. 1938).

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