Claim of Kitchen v. Tonawanda Paper Co.

Appellate Division of the Supreme Court of New York

Claim of Kitchen v. Tonawanda Paper Co.

243 A.D. 661

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

Opinion

Claimant suffered a serious fracture of the skull through which the left supraorbital region was depressed. Two months after the accident he returned to work for about eight months and received the same wages as before the accident. The Board has found that thereafter he lost fifty per cent of his earning capacity. This is sustained by medical testimony that the sear tissue had shrunk causing headaches. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, MeNamee, Crapser and Heffernan, JJ.

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Claimant suffered a serious fracture of the skull through which the left supraorbital region was depressed. Two months after the accident he returned to work for about eight months and received the same wages as before the accident. The Board has found that thereafter he lost fifty per cent of his earning capacity. This is sustained by medical testimony that the sear tissue had shrunk causing headaches. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, MeNamee, Crapser and Heffernan, JJ.

Claim of Kitchen v. Tonawanda Paper Co., 243 A.D. 661 (N.Y. Ct. App. 1935).

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