Claim of McCarthy v. McDonald

Appellate Division of the Supreme Court of New York

Claim of McCarthy v. McDonald

254 A.D. 610, 2 N.Y.S.2d 828

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

DecidedMarch 16, 1938

StatusPublished

This text of 254 A.D. 610 (Claim of McCarthy v. McDonald) 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 McCarthy v. McDonald, 254 A.D. 610, 2 N.Y.S.2d 828 (N.Y. Ct. App. 1938).

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Opinion

Appeal by employer and insurance carrier from an award in claimant’s favor. On March 3, 1937, while claimant was engaged in the regular course of his employment and while in the act of laying out exhibit booths he struck the left side of his head against a basket ball pipe frame, as a result of which he suffered pain in the ear and cold and lump on the side of his head, abscess in the left ear and mastoiditis, for which operative procedure became necessary. The State Industrial Board found that the injuries so sustained by claimant were accidental and arose out of the course of his employment. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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Appeal by employer and insurance carrier from an award in claimant’s favor. On March 3, 1937, while claimant was engaged in the regular course of his employment and while in the act of laying out exhibit booths he struck the left side of his head against a basket ball pipe frame, as a result of which he suffered pain in the ear and cold and lump on the side of his head, abscess in the left ear and mastoiditis, for which operative procedure became necessary. The State Industrial Board found that the injuries so sustained by claimant were accidental and arose out of the course of his employment. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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Bluebook (online)

254 A.D. 610, 2 N.Y.S.2d 828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-mccarthy-v-mcdonald-nyappdiv-1938.