Claim of De Torio v. Hills Bros.

Appellate Division of the Supreme Court of New York

Claim of De Torio v. Hills Bros.

283 A.D. 758, 128 N.Y.S.2d 172, 1954 N.Y. App. Div. LEXIS 5162

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

DecidedFebruary 26, 1954

StatusPublished

Cited by1 cases

This text of 283 A.D. 758 (Claim of De Torio v. Hills Bros.) 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 De Torio v. Hills Bros., 283 A.D. 758, 128 N.Y.S.2d 172, 1954 N.Y. App. Div. LEXIS 5162 (N.Y. Ct. App. 1954).

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Opinion

Appeal by an employer and its carrier from a decision and award made by the Workmen’s Compensation Board for disability resulting in reduced earnings at the rate of $12 per week. Claimant suffered from an epigastric hernia as the result of heavy lifting. He was paid compensation, and was also operated on twice for relief from the condition, but there was a recurrence of the herniated condition each time. The proof is clear that he was disabled without the use of some support in the area where the hernia existed. Appellants’ sole point is that if he wears a truss he can work, and therefore he was not disabled between certain periods which the award covers. We cannot say as a matter of law that the board could not find disability under the circumstances. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Appeal by an employer and its carrier from a decision and award made by the Workmen’s Compensation Board for disability resulting in reduced earnings at the rate of $12 per week. Claimant suffered from an epigastric hernia as the result of heavy lifting. He was paid compensation, and was also operated on twice for relief from the condition, but there was a recurrence of the herniated condition each time. The proof is clear that he was disabled without the use of some support in the area where the hernia existed. Appellants’ sole point is that if he wears a truss he can work, and therefore he was not disabled between certain periods which the award covers. We cannot say as a matter of law that the board could not find disability under the circumstances. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

283 A.D. 758, 128 N.Y.S.2d 172, 1954 N.Y. App. Div. LEXIS 5162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-de-torio-v-hills-bros-nyappdiv-1954.

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