Claim of Levine v. Imperial Textile Co.

Appellate Division of the Supreme Court of New York

Claim of Levine v. Imperial Textile Co.

40 A.D.2d 886, 337 N.Y.S.2d 70, 1972 N.Y. App. Div. LEXIS 3567

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

DecidedNovember 1, 1972

StatusPublished

Cited by1 cases

This text of 40 A.D.2d 886 (Claim of Levine v. Imperial Textile 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 Levine v. Imperial Textile Co., 40 A.D.2d 886, 337 N.Y.S.2d 70, 1972 N.Y. App. Div. LEXIS 3567 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed November 11,1971, which held that claimant sustained an accidental injury arising out of and in the course of employment on November 14, 1969, the date a physician examined him and recommended a spinal fusion. Although, in order to find an accident, there must be an element of suddenness in either the cause of disability or the result thereof (Matter of Suber v. Hope’s Windows, 38 A D 2d 656), the failure of the board to pinpoint the precise day on which the “ suddenness ” of result occurred is not fatal to an award based on the present record (Matter of Rogers v. General Aniline & Film Corp., 33 A D 2d 1074). Decision affirmed, with costs to the Workmen’s Compensation Board. Staley, Jr., J. P., Greenblott, Cooke, Kane and Reynolds, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a decision of the Workmen’s Compensation Board, filed November 11,1971, which held that claimant sustained an accidental injury arising out of and in the course of employment on November 14, 1969, the date a physician examined him and recommended a spinal fusion. Although, in order to find an accident, there must be an element of suddenness in either the cause of disability or the result thereof (Matter of Suber v. Hope’s Windows, 38 A D 2d 656), the failure of the board to pinpoint the precise day on which the “ suddenness ” of result occurred is not fatal to an award based on the present record (Matter of Rogers v. General Aniline & Film Corp., 33 A D 2d 1074). Decision affirmed, with costs to the Workmen’s Compensation Board. Staley, Jr., J. P., Greenblott, Cooke, Kane and Reynolds, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

40 A.D.2d 886, 337 N.Y.S.2d 70, 1972 N.Y. App. Div. LEXIS 3567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-levine-v-imperial-textile-co-nyappdiv-1972.

Opinion

Related

Cite This Page — Counsel Stack