Claim of Di Benedetto v. John F. McKinney Corp.

Appellate Division of the Supreme Court of New York

Claim of Di Benedetto v. John F. McKinney Corp.

252 A.D. 712, 298 N.Y.S. 810, 1937 N.Y. App. Div. LEXIS 5837

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

DecidedSeptember 29, 1937

StatusPublished

This text of 252 A.D. 712 (Claim of Di Benedetto v. John F. McKinney Corp.) 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 Di Benedetto v. John F. McKinney Corp., 252 A.D. 712, 298 N.Y.S. 810, 1937 N.Y. App. Div. LEXIS 5837 (N.Y. Ct. App. 1937).

Pincite

Opinion

Appeal from an award to claimant, who, while unloading paving

brick, was caught between a truck and a freight car sustaining injuries to his left leg for which an award was originally made for twenty-five per cent loss of use of the left foot. Later, on claimant’s application,the case was reopened and the award now in question was made reclassifying the injury under section 15, subdivision 3-v, of the Workmen’s Compensation Law, for permanent partial disability resulting in fifty per cent reduction of earning capacity because of severe pain on weight bearing due to amount of swelling; inability to walk or stand for any period of time; circulatory interference with the lymph flow from the left foot up to the heart; severe swelling of the lower extremity which increased on account of weight bearing. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, MeNamee, Crapser and Heffernan, JJ.

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Appeal from an award to claimant, who, while unloading paving

brick, was caught between a truck and a freight car sustaining injuries to his left leg for which an award was originally made for twenty-five per cent loss of use of the left foot. Later, on claimant’s application,the case was reopened and the award now in question was made reclassifying the injury under section 15, subdivision 3-v, of the Workmen’s Compensation Law, for permanent partial disability resulting in fifty per cent reduction of earning capacity because of severe pain on weight bearing due to amount of swelling; inability to walk or stand for any period of time; circulatory interference with the lymph flow from the left foot up to the heart; severe swelling of the lower extremity which increased on account of weight bearing. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, MeNamee, Crapser and Heffernan, JJ.

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Bluebook (online)

252 A.D. 712, 298 N.Y.S. 810, 1937 N.Y. App. Div. LEXIS 5837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-di-benedetto-v-john-f-mckinney-corp-nyappdiv-1937.