Claim of Lewis v. Rostrom Shipyard, Inc.

Appellate Division of the Supreme Court of New York

Claim of Lewis v. Rostrom Shipyard, Inc.

12 A.D.2d 831, 209 N.Y.S.2d 328, 1961 N.Y. App. Div. LEXIS 13377

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

DecidedJanuary 11, 1961

StatusPublished

This text of 12 A.D.2d 831 (Claim of Lewis v. Rostrom Shipyard, Inc.) 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 Lewis v. Rostrom Shipyard, Inc., 12 A.D.2d 831, 209 N.Y.S.2d 328, 1961 N.Y. App. Div. LEXIS 13377 (N.Y. Ct. App. 1961).

Pincite

Opinion

Appeal by employer and carrier from an award of disability compensation. Appellants’ only contention is that there is no substantial evidence that claimant’s disability is causally related to his alleged accident. Claimant was working as a laborer in the employer’s shipyard. On April 26, 1957, while he was assisting in moving a yacht down to the shore line, the steel cable that was used in pulling the boat slipped, and as claimant jumped to avoid being struck by the cable and moved his hips sideways, he felt a sharp pain in his back. On April 30, 1957, claimant saw a doctor who strapped his back. His condition did not improve and on May 8, 1957 he entered a hospital where a tentative diagnosis of herniated disk was made, and eventually claimant was operated for what was found to be a herniated disk. Because of conflicting histories appellants claim that the real cause of claimant’s condition is a lifting episode on another occasion. We think the record presents an open question of fact with adequate evidence to support the finding of the board. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Appeal by employer and carrier from an award of disability compensation. Appellants’ only contention is that there is no substantial evidence that claimant’s disability is causally related to his alleged accident. Claimant was working as a laborer in the employer’s shipyard. On April 26, 1957, while he was assisting in moving a yacht down to the shore line, the steel cable that was used in pulling the boat slipped, and as claimant jumped to avoid being struck by the cable and moved his hips sideways, he felt a sharp pain in his back. On April 30, 1957, claimant saw a doctor who strapped his back. His condition did not improve and on May 8, 1957 he entered a hospital where a tentative diagnosis of herniated disk was made, and eventually claimant was operated for what was found to be a herniated disk. Because of conflicting histories appellants claim that the real cause of claimant’s condition is a lifting episode on another occasion. We think the record presents an open question of fact with adequate evidence to support the finding of the board. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Bluebook (online)

12 A.D.2d 831, 209 N.Y.S.2d 328, 1961 N.Y. App. Div. LEXIS 13377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-lewis-v-rostrom-shipyard-inc-nyappdiv-1961.