Claim of Gregory v. William Kennedy Construction Co.

Appellate Division of the Supreme Court of New York

Claim of Gregory v. William Kennedy Construction Co.

254 A.D. 610, 2 N.Y.S.2d 856

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

DecidedMarch 16, 1938

StatusPublished

This text of 254 A.D. 610 (Claim of Gregory v. William Kennedy Construction 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 Gregory v. William Kennedy Construction Co., 254 A.D. 610, 2 N.Y.S.2d 856 (N.Y. Ct. App. 1938).

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Opinion

Appeal by employer and insurance carrier from an award in claimant’s favor. The only questions presented are causal relation and rate. On February 17, 1932, claimant sustained accidental injuries while engaged in the regular course of his employment. The Industrial Board found that while claimant was operating a wheelbarrow the same tipped over and the handle struck him, on the right quadrant of his abdomen and caused his head to strike the pavement as a result of which he suffered a right direct inguinal hernia. The claimant was operated upon for this condition and while on the operating table the physician discovered that he also had a left direct inguinal hernia. The Board also found that claimant’s disability was due to the operation which was performed on him by a doctor on behalf of the carrier. The employer in its report of injury stated that claimant’s wages were nine dollars and ninety cents a day. Claimant also testified that he received that wage. The Industrial Board found the claimant’s average weekly wages were forty-nine dollars and fifty cents. The evidence sustains the findings. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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Appeal by employer and insurance carrier from an award in claimant’s favor. The only questions presented are causal relation and rate. On February 17, 1932, claimant sustained accidental injuries while engaged in the regular course of his employment. The Industrial Board found that while claimant was operating a wheelbarrow the same tipped over and the handle struck him, on the right quadrant of his abdomen and caused his head to strike the pavement as a result of which he suffered a right direct inguinal hernia. The claimant was operated upon for this condition and while on the operating table the physician discovered that he also had a left direct inguinal hernia. The Board also found that claimant’s disability was due to the operation which was performed on him by a doctor on behalf of the carrier. The employer in its report of injury stated that claimant’s wages were nine dollars and ninety cents a day. Claimant also testified that he received that wage. The Industrial Board found the claimant’s average weekly wages were forty-nine dollars and fifty cents. The evidence sustains the findings. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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Bluebook (online)

254 A.D. 610, 2 N.Y.S.2d 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-gregory-v-william-kennedy-construction-co-nyappdiv-1938.