Claim of Robinson v. Pitkin Moving Van Co.

Appellate Division of the Supreme Court of New York

Claim of Robinson v. Pitkin Moving Van Co.

258 A.D. 829, 15 N.Y.S.2d 764, 1939 N.Y. App. Div. LEXIS 7139

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

DecidedNovember 15, 1939

StatusPublished

This text of 258 A.D. 829 (Claim of Robinson v. Pitkin Moving Van 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 Robinson v. Pitkin Moving Van Co., 258 A.D. 829, 15 N.Y.S.2d 764, 1939 N.Y. App. Div. LEXIS 7139 (N.Y. Ct. App. 1939).

Pincite

Opinion

Claimant, employed by a furniture mover, was injured while carrying a dresser. His heel was caught and a dresser fell upon his left leg tearing certain of the muscles and attachments in the vicinity of the left knee. The award was made for permanent partial disability. The employer and carrier appeal, asserting that a schedule award for loss of use of a percentage of the leg should be made rather than on account of reduced earnings. The evidence sustains the finding for the reason that the lesion has not healed and is still the cause of pain which affects claimant’s general earning capacity. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Schenek and Foster, JJ.

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Claimant, employed by a furniture mover, was injured while carrying a dresser. His heel was caught and a dresser fell upon his left leg tearing certain of the muscles and attachments in the vicinity of the left knee. The award was made for permanent partial disability. The employer and carrier appeal, asserting that a schedule award for loss of use of a percentage of the leg should be made rather than on account of reduced earnings. The evidence sustains the finding for the reason that the lesion has not healed and is still the cause of pain which affects claimant’s general earning capacity. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Schenek and Foster, JJ.

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Bluebook (online)

258 A.D. 829, 15 N.Y.S.2d 764, 1939 N.Y. App. Div. LEXIS 7139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-robinson-v-pitkin-moving-van-co-nyappdiv-1939.