Claim of Plucinski v. Luncheonette

Appellate Division of the Supreme Court of New York

Claim of Plucinski v. Luncheonette

277 A.D.2d 803

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

DecidedMay 3, 1950

StatusPublished

This text of 277 A.D.2d 803 (Claim of Plucinski v. Luncheonette) 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 Plucinski v. Luncheonette, 277 A.D.2d 803 (N.Y. Ct. App. 1950).

Pincite

Opinion

Appeal by claimant from a decision of the Workmen’s Compensation Board which denied compensation by way of death benefits to claimant as the widow of a deceased employee. Decedent was employed as a dishwasher and counterman. During his lifetime he claimed to have sustained an accidental injury to the big toe of his left foot by dropping a garbage can thereon. Gangrene developed and incipient Berger’s disease. He was given treatment and died as a result of pulmonary embolism. There was medical testimony to the effect that his death was directly attributable to the accident he claimed, and no medical opinion to the contrary. The referee found the accident and notice, and also causal relation. The board reversed the referee as to causal relation, but did not reverse the referee’s findings as to the accident and notice. We find no substantial evidence to sustain the decision of the board. Decision reversed, on the law, with costs to claimant, and the matter remitted to the Workmen’s Compensation Board for further consideration. Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ., concur.

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Appeal by claimant from a decision of the Workmen’s Compensation Board which denied compensation by way of death benefits to claimant as the widow of a deceased employee. Decedent was employed as a dishwasher and counterman. During his lifetime he claimed to have sustained an accidental injury to the big toe of his left foot by dropping a garbage can thereon. Gangrene developed and incipient Berger’s disease. He was given treatment and died as a result of pulmonary embolism. There was medical testimony to the effect that his death was directly attributable to the accident he claimed, and no medical opinion to the contrary. The referee found the accident and notice, and also causal relation. The board reversed the referee as to causal relation, but did not reverse the referee’s findings as to the accident and notice. We find no substantial evidence to sustain the decision of the board. Decision reversed, on the law, with costs to claimant, and the matter remitted to the Workmen’s Compensation Board for further consideration. Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ., concur.

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Bluebook (online)

277 A.D.2d 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-plucinski-v-luncheonette-nyappdiv-1950.