Claim of Dyshanowitz v. Le-So Builders, Inc.

Appellate Division of the Supreme Court of New York

Claim of Dyshanowitz v. Le-So Builders, Inc.

245 A.D. 878

Appellate Division of the Supreme Court of the State of New York·Decided September 15, 1935·Published

Opinion

A claim for death benefits has been dismissed and claimant appeals. Deceased, a laborer wheeling rubbish, complained of pain, stopped work and was found to be suffering from a strangulated hernia, from which he shortly died. He had suffered from this hernia for over two years. The referee held that there was no accident and the Industrial Board has found that claimant failed to prove that death was due, or in any wise related, to or the result of an accident. The record sustains this finding. Decision unanimously affirmed. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

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A claim for death benefits has been dismissed and claimant appeals. Deceased, a laborer wheeling rubbish, complained of pain, stopped work and was found to be suffering from a strangulated hernia, from which he shortly died. He had suffered from this hernia for over two years. The referee held that there was no accident and the Industrial Board has found that claimant failed to prove that death was due, or in any wise related, to or the result of an accident. The record sustains this finding. Decision unanimously affirmed. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

Claim of Dyshanowitz v. Le-So Builders, Inc., 245 A.D. 878 (N.Y. Ct. App. 1935).

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