Claim of Flicker v. Mac Sign Co.

227 A.D. 673

Opinions

Award affirmed, with costs to the State Industrial Board, on the authority of Matter of Bernstein v. Hoffman (219 App. Div. 152); Matter of Rubenstein v. Pechter Baking Co. (224 id. 324; affd., 249 N. Y. 433); Matter of Wells v. General Carbonic Co. (224 App. Div. 805); Matter of Rounds v. Davis Furniture Co. (250 N. Y. 405). The toe is recognized by the statute (Workmen’s Comp. Law, § 15, subd. 3, ¶ h) as a member separate and apart from the foot (Workmen’s Comp. Law, §. 15, subd. 3, ¶ d) and an injury to the toe and also to ankle of the same foot is properly compensated under paragraph u of subdivision 3 of section 15 of the Workmen’s Compensation Law. Hinman, Davis, Whitmyer and Hill, JJ., concur; Van Kirk, P. J., dissents, and votes for reversal and to remit claim, with a memorandum.