Claim of Fleischner v. Imperial Linoleum & Carpet Co.

Appellate Division of the Supreme Court of New York

Claim of Fleischner v. Imperial Linoleum & Carpet Co.

282 A.D. 784, 122 N.Y.S.2d 471, 1953 N.Y. App. Div. LEXIS 4955

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

DecidedJuly 2, 1953

StatusPublished

This text of 282 A.D. 784 (Claim of Fleischner v. Imperial Linoleum & Carpet Co.) 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 Fleischner v. Imperial Linoleum & Carpet Co., 282 A.D. 784, 122 N.Y.S.2d 471, 1953 N.Y. App. Div. LEXIS 4955 (N.Y. Ct. App. 1953).

Pincite

Opinion

Appeal from a decision and award of the Workmen’s Compensation Board. Claimant was employed as a carpet layer and on November 29, 1950, he suffered a lumbosacral sprain while lifting a radiator. There is no issue raised about the finding that he was thereafter, beginning December 8, 1950, totally disabled for ten days until December 18th, when he returned to work. He has had an award based on partial disability from March 29, 1951, to January 31, 1952. We think the record as a whole does not fairly support the finding of partial disability. The medical proof of claimant is fragmentary, contradictory and equivocal. The case should be re-examined by the board. The employer ought to be permitted to submit proof of reasons other than physical disability arising from the accident why claimant did not work during the period in issue. Decision and award reversed, on the law, with costs to appellants, and claim remitted to the board for its further consideration. Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ., concur.

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Appeal from a decision and award of the Workmen’s Compensation Board. Claimant was employed as a carpet layer and on November 29, 1950, he suffered a lumbosacral sprain while lifting a radiator. There is no issue raised about the finding that he was thereafter, beginning December 8, 1950, totally disabled for ten days until December 18th, when he returned to work. He has had an award based on partial disability from March 29, 1951, to January 31, 1952. We think the record as a whole does not fairly support the finding of partial disability. The medical proof of claimant is fragmentary, contradictory and equivocal. The case should be re-examined by the board. The employer ought to be permitted to submit proof of reasons other than physical disability arising from the accident why claimant did not work during the period in issue. Decision and award reversed, on the law, with costs to appellants, and claim remitted to the board for its further consideration. Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ., concur.

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Bluebook (online)

282 A.D. 784, 122 N.Y.S.2d 471, 1953 N.Y. App. Div. LEXIS 4955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-fleischner-v-imperial-linoleum-carpet-co-nyappdiv-1953.