Claim of Raynello v. Scott Bros.

Appellate Division of the Supreme Court of New York

Claim of Raynello v. Scott Bros.

260 A.D. 977, 23 N.Y.S.2d 275, 1940 N.Y. App. Div. LEXIS 5671

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

DecidedNovember 20, 1940

StatusPublished

This text of 260 A.D. 977 (Claim of Raynello v. Scott Bros.) 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 Raynello v. Scott Bros., 260 A.D. 977, 23 N.Y.S.2d 275, 1940 N.Y. App. Div. LEXIS 5671 (N.Y. Ct. App. 1940).

Pincite

Opinion

Appeal from an award made to claimant on May 15 and noticed on May 17, 1939, as affirmed by a decision noticed on March 21,1940, awarding compensation from October 18, 1937, and continuing the case on a permanent partial disability basis. Claimant was injured on December 9, 1922, and suffered recurrent inguinal hernia. Be was classified as a permanent partial disability ease. In 1933 the carrier appealed to this court upon the issue of whether claimant was justified in refusing further operative treatment. This court then upheld claimant’s contention that he was not unreasonable in his refusal. [See 241 App. Div. 895.] The present appeal arises from the fact that the carrier has since submitted further evidence which, according to its contention, reveals a change in claimant’s condition to such an extent that a refusal to undergo an operation or ambulant treatment is unreasonable. The Board has found to the contrary and there is substantial evidence to support such finding. Award unanimously affirmed, with costs payable by the employer and carrier to the claimant. Present — Hill, P. J., Bliss, Heffernan, Schenck and Foster, JJ.

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Appeal from an award made to claimant on May 15 and noticed on May 17, 1939, as affirmed by a decision noticed on March 21,1940, awarding compensation from October 18, 1937, and continuing the case on a permanent partial disability basis. Claimant was injured on December 9, 1922, and suffered recurrent inguinal hernia. Be was classified as a permanent partial disability ease. In 1933 the carrier appealed to this court upon the issue of whether claimant was justified in refusing further operative treatment. This court then upheld claimant’s contention that he was not unreasonable in his refusal. [See 241 App. Div. 895.] The present appeal arises from the fact that the carrier has since submitted further evidence which, according to its contention, reveals a change in claimant’s condition to such an extent that a refusal to undergo an operation or ambulant treatment is unreasonable. The Board has found to the contrary and there is substantial evidence to support such finding. Award unanimously affirmed, with costs payable by the employer and carrier to the claimant. Present — Hill, P. J., Bliss, Heffernan, Schenck and Foster, JJ.

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Bluebook (online)

260 A.D. 977, 23 N.Y.S.2d 275, 1940 N.Y. App. Div. LEXIS 5671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-raynello-v-scott-bros-nyappdiv-1940.