Claim of Kalendowich v. Scales

Appellate Division of the Supreme Court of New York

Claim of Kalendowich v. Scales

9 A.D.2d 979, 198 N.Y.S.2d 356, 1959 N.Y. App. Div. LEXIS 5291

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

DecidedDecember 31, 1959

StatusPublished

Cited by1 cases

This text of 9 A.D.2d 979 (Claim of Kalendowich v. Scales) 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 Kalendowich v. Scales, 9 A.D.2d 979, 198 N.Y.S.2d 356, 1959 N.Y. App. Div. LEXIS 5291 (N.Y. Ct. App. 1959).

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Opinion

Appeal from a decision of the Workmen’s Compensation Board. Claimant was employed as a power press operator. On November 17, 1952 he slipped and fell in the course of employment and suffered a lumbar dorsal sprain. He was allowed total disability from April 13 to June 11, 1953 and partial disability thereafter until March 17, 1954 when the case was closed. In June, 1955 the case was reopened on the claim that he had a psychoneurosis due to the accident. The board found that “ claimant’s present condition is not causally related to the accident”. There is abundant proof in the record to sustain this finding. Although claimant argues on appeal that all the medical proof indicates that he is suffering a neurosis, one physician testified that in his opinion claimant was malingering. The board was not bound on the basis of the other medical testimony, some of which was equivocal in attribution of the neurosis to the injury, to find association between the mental condition and the accident. Decision unanimously affirmed, without costs. Present — Bergan, J. P., Coon, Gibson, Herlihy and Reynolds, JJ.

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Appeal from a decision of the Workmen’s Compensation Board. Claimant was employed as a power press operator. On November 17, 1952 he slipped and fell in the course of employment and suffered a lumbar dorsal sprain. He was allowed total disability from April 13 to June 11, 1953 and partial disability thereafter until March 17, 1954 when the case was closed. In June, 1955 the case was reopened on the claim that he had a psychoneurosis due to the accident. The board found that “ claimant’s present condition is not causally related to the accident”. There is abundant proof in the record to sustain this finding. Although claimant argues on appeal that all the medical proof indicates that he is suffering a neurosis, one physician testified that in his opinion claimant was malingering. The board was not bound on the basis of the other medical testimony, some of which was equivocal in attribution of the neurosis to the injury, to find association between the mental condition and the accident. Decision unanimously affirmed, without costs. Present — Bergan, J. P., Coon, Gibson, Herlihy and Reynolds, JJ.

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Bluebook (online)

9 A.D.2d 979, 198 N.Y.S.2d 356, 1959 N.Y. App. Div. LEXIS 5291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-kalendowich-v-scales-nyappdiv-1959.

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