Claim of Ciciarelli v. L. C. Smith Corona Typewriter Co.

Appellate Division of the Supreme Court of New York

Claim of Ciciarelli v. L. C. Smith Corona Typewriter Co.

1 A.D.2d 712, 146 N.Y.S.2d 923, 1955 N.Y. App. Div. LEXIS 3726

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

DecidedDecember 23, 1955

StatusPublished

This text of 1 A.D.2d 712 (Claim of Ciciarelli v. L. C. Smith Corona Typewriter Co.) 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 Ciciarelli v. L. C. Smith Corona Typewriter Co., 1 A.D.2d 712, 146 N.Y.S.2d 923, 1955 N.Y. App. Div. LEXIS 3726 (N.Y. Ct. App. 1955).

Pincite

Opinion

This is an appeal by a claimant from a decision of the Workmen’s Compensation Board disallowing his claim for compensation on the ground that no accidental injury or occupational disease had been shown. Claimant was employed in the shipping department of the employer, where he lifted and moved crates. He was blind in the left eye because of old degenerative changes in the cornea. This eye was enucleated some time before his last employment. Some time in November, 1951, claimant suffered from a detached retina of the right eye. His claim is to the effect that his work caused this detachment. The medical testimony on the issue is directly in conflict. The board accepted the opinion of a specialist who testified the detachment was the spontaneous result of a pre-existing degenerative process, and wholly unrelated to claimant’s occupation or any accident. Decision unanimously affirmed, without costs. Present—Foster, P. J., Bergan, Coon, Halpern and Zeller, JJ.

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This is an appeal by a claimant from a decision of the Workmen’s Compensation Board disallowing his claim for compensation on the ground that no accidental injury or occupational disease had been shown. Claimant was employed in the shipping department of the employer, where he lifted and moved crates. He was blind in the left eye because of old degenerative changes in the cornea. This eye was enucleated some time before his last employment. Some time in November, 1951, claimant suffered from a detached retina of the right eye. His claim is to the effect that his work caused this detachment. The medical testimony on the issue is directly in conflict. The board accepted the opinion of a specialist who testified the detachment was the spontaneous result of a pre-existing degenerative process, and wholly unrelated to claimant’s occupation or any accident. Decision unanimously affirmed, without costs. Present—Foster, P. J., Bergan, Coon, Halpern and Zeller, JJ.

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Bluebook (online)

1 A.D.2d 712, 146 N.Y.S.2d 923, 1955 N.Y. App. Div. LEXIS 3726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-ciciarelli-v-l-c-smith-corona-typewriter-co-nyappdiv-1955.