Claim of Di Sarro v. Stone

Appellate Division of the Supreme Court of New York

Claim of Di Sarro v. Stone

284 A.D. 994, 135 N.Y.S.2d 277, 1954 N.Y. App. Div. LEXIS 4350

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

DecidedNovember 18, 1954

StatusPublished

This text of 284 A.D. 994 (Claim of Di Sarro v. Stone) 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 Sarro v. Stone, 284 A.D. 994, 135 N.Y.S.2d 277, 1954 N.Y. App. Div. LEXIS 4350 (N.Y. Ct. App. 1954).

Pincite

Opinion

Appeal by an employer and its insurance carrier from a decision and award of the Workmen’s Compensation Board allowing disability benefits to claimant. Claimant’s final physical disability was caused by a ruptured intervertebral disc which required surgical treatment. His employment was that of an assistant sales manager, and' the board has found that long hours of driving his automobile, together with opening the trunk compartment of his ear, aggravated a previously existing back condition and caused the rupture of an intervertebral disc. There is medical testimony to support such finding. This type of injury falls within the category of those injuries caused by routine strain or exertion, but which lead to a mechanical or structural change in the body, and is therefore compensable (1 Larson on Workmen’s Compensation Law, § 38.20). Award and decision 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 insurance carrier from a decision and award of the Workmen’s Compensation Board allowing disability benefits to claimant. Claimant’s final physical disability was caused by a ruptured intervertebral disc which required surgical treatment. His employment was that of an assistant sales manager, and' the board has found that long hours of driving his automobile, together with opening the trunk compartment of his ear, aggravated a previously existing back condition and caused the rupture of an intervertebral disc. There is medical testimony to support such finding. This type of injury falls within the category of those injuries caused by routine strain or exertion, but which lead to a mechanical or structural change in the body, and is therefore compensable (1 Larson on Workmen’s Compensation Law, § 38.20). Award and decision 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)

284 A.D. 994, 135 N.Y.S.2d 277, 1954 N.Y. App. Div. LEXIS 4350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-di-sarro-v-stone-nyappdiv-1954.