Claim of Swart v. Niagara, Lockport & Ontario Power Co.

Appellate Division of the Supreme Court of New York

Claim of Swart v. Niagara, Lockport & Ontario Power Co.

245 A.D. 884

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

DecidedSeptember 15, 1935

StatusPublished

This text of 245 A.D. 884 (Claim of Swart v. Niagara, Lockport & Ontario Power 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 Swart v. Niagara, Lockport & Ontario Power Co., 245 A.D. 884 (N.Y. Ct. App. 1935).

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Opinion

The only question involved on this appeal is causal relation. On April 5, 1933, claimant struck her knee on a corner of an open drawer of a filing cabinet, as a result of which she sustained a synovitis with fluid deposit on the middle meniscus of the right knee. She was awarded compensation for total disability from April 10, 1933, to June 1, 1933, and also she received an award because her wage earning capacity, because of partial disability, was reduced twenty-five per cent from June 1, 1933, to November 22, 1933. The medical testimony sustains the finding of the State Industrial Board that claimant was totally disabled between April 5, 1933, and June 1, 1933. The medical testimony also sustains the finding of partial disability to the extent of twenty-five per cent. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

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The only question involved on this appeal is causal relation. On April 5, 1933, claimant struck her knee on a corner of an open drawer of a filing cabinet, as a result of which she sustained a synovitis with fluid deposit on the middle meniscus of the right knee. She was awarded compensation for total disability from April 10, 1933, to June 1, 1933, and also she received an award because her wage earning capacity, because of partial disability, was reduced twenty-five per cent from June 1, 1933, to November 22, 1933. The medical testimony sustains the finding of the State Industrial Board that claimant was totally disabled between April 5, 1933, and June 1, 1933. The medical testimony also sustains the finding of partial disability to the extent of twenty-five per cent. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

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Bluebook (online)

245 A.D. 884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-swart-v-niagara-lockport-ontario-power-co-nyappdiv-1935.