Claim of Clarkson v. Schmukler

Appellate Division of the Supreme Court of New York

Claim of Clarkson v. Schmukler

251 A.D. 768, 295 N.Y.S. 588, 1937 N.Y. App. Div. LEXIS 7432

Appellate Division of the Supreme Court of the State of New York·Decided May 12, 1937·Published

Opinion

Claimant injured her foot. The injury lighted up a dormant diabetic condition which caused gangrene, necessitating the amputation of her right leg. The same infection caused total blindness. The Board was justified in excusing the delay in giving notice of injury and notice of claim. Award modified by directing that payments continue during disability rather than “ for the remainder of her life.” Award as so modified is unanimously affirmed, with costs to the State Industrial Board. Present •—• Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

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Claimant injured her foot. The injury lighted up a dormant diabetic condition which caused gangrene, necessitating the amputation of her right leg. The same infection caused total blindness. The Board was justified in excusing the delay in giving notice of injury and notice of claim. Award modified by directing that payments continue during disability rather than “ for the remainder of her life.” Award as so modified is unanimously affirmed, with costs to the State Industrial Board. Present •—• Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

Claim of Clarkson v. Schmukler, 251 A.D. 768, 295 N.Y.S. 588, 1937 N.Y. App. Div. LEXIS 7432 (N.Y. Ct. App. 1937).

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