Claim of Simon v. Daystrom Corp.

Appellate Division of the Supreme Court of New York

Claim of Simon v. Daystrom Corp.

283 A.D. 1124, 131 N.Y.S.2d 480, 1954 N.Y. App. Div. LEXIS 6491

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

DecidedJune 18, 1954

StatusPublished

This text of 283 A.D. 1124 (Claim of Simon v. Daystrom Corp.) 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 Simon v. Daystrom Corp., 283 A.D. 1124, 131 N.Y.S.2d 480, 1954 N.Y. App. Div. LEXIS 6491 (N.Y. Ct. App. 1954).

Pincite

Opinion

Appeal from a decision and award of the Workmen’s Compensation Board. Claimant is a laborer. On February 6, 1950, while unloading a coal car in the course of his employment he fell, striking his back. He had been suffering, among other things, arthritis of the low lumbar segments in the back, limitation of motion and tenderness. There is medical opinion that the fall aggravated the pre-existing arthritic condition of the back. It is argued by appellant that this evidence is not substantial; but it is an unequivocally stated medical view co-ordinated with the X-ray demonstration of the existence of the arthritis. The finding of the board that claimant’s disability was in part based on the accident has sufficient support in the record. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpem and Imrie, JJ.

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Appeal from a decision and award of the Workmen’s Compensation Board. Claimant is a laborer. On February 6, 1950, while unloading a coal car in the course of his employment he fell, striking his back. He had been suffering, among other things, arthritis of the low lumbar segments in the back, limitation of motion and tenderness. There is medical opinion that the fall aggravated the pre-existing arthritic condition of the back. It is argued by appellant that this evidence is not substantial; but it is an unequivocally stated medical view co-ordinated with the X-ray demonstration of the existence of the arthritis. The finding of the board that claimant’s disability was in part based on the accident has sufficient support in the record. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpem and Imrie, JJ.

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Bluebook (online)

283 A.D. 1124, 131 N.Y.S.2d 480, 1954 N.Y. App. Div. LEXIS 6491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-simon-v-daystrom-corp-nyappdiv-1954.