Claim of McCall v. Almirall & Co.

Appellate Division of the Supreme Court of New York

Claim of McCall v. Almirall & Co.

262 A.D. 788, 27 N.Y.S.2d 365, 1941 N.Y. App. Div. LEXIS 5858

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

DecidedMay 7, 1941

StatusPublished

This text of 262 A.D. 788 (Claim of McCall v. Almirall & 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 McCall v. Almirall & Co., 262 A.D. 788, 27 N.Y.S.2d 365, 1941 N.Y. App. Div. LEXIS 5858 (N.Y. Ct. App. 1941).

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Opinion

This is an appeal from that portion of a decision and award made by the State Industrial Board which allowed protracted temporary total disability. Claimant received an injury on May 11, 1939, which caused the amputation of his leg. He received treatment until October 27, 1939, when his attending physician discharged him as having a stump completely healed and ready to take an artificial limb. The protracted total disability ran until May 10, 1940. It is the claim of the appellants that there is no evidence to support the award for protracted temporary total disability. Doctor Sileo, claimant’s physician, testified that it was his opinion that claimant was disabled [789]*789and unable to work until May 10, 1940. The evidence supports the award which should be affirmed. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffeman, Schenck and Foster, JJ.

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This is an appeal from that portion of a decision and award made by the State Industrial Board which allowed protracted temporary total disability. Claimant received an injury on May 11, 1939, which caused the amputation of his leg. He received treatment until October 27, 1939, when his attending physician discharged him as having a stump completely healed and ready to take an artificial limb. The protracted total disability ran until May 10, 1940. It is the claim of the appellants that there is no evidence to support the award for protracted temporary total disability. Doctor Sileo, claimant’s physician, testified that it was his opinion that claimant was disabled [789]*789and unable to work until May 10, 1940. The evidence supports the award which should be affirmed. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffeman, Schenck and Foster, JJ.

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Bluebook (online)

262 A.D. 788, 27 N.Y.S.2d 365, 1941 N.Y. App. Div. LEXIS 5858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-mccall-v-almirall-co-nyappdiv-1941.