Claim of Tischler v. General Baking Co.

Appellate Division of the Supreme Court of New York

Claim of Tischler v. General Baking Co.

243 A.D. 665

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

DecidedJanuary 15, 1935

StatusPublished

This text of 243 A.D. 665 (Claim of Tischler v. General Baking 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 Tischler v. General Baking Co., 243 A.D. 665 (N.Y. Ct. App. 1935).

Pincite

Opinion

The claimant was a bread salesman for a bakery, and with the use of a truck delivered bread to grocery stores. On September 12, 1932, while lifting a heavy crate of bread into the upper compartment of the truck, he felt a sudden snap and pain in the lumbar region of his back, dropped the crate, and fell. He was induced by the employer to continue work for a number of days, and to “ break in ” another salesman, and then he became totally disabled. The primary injury was diagnosed as a strain and possible tearing of the ligaments of the lumbar vertebras. On September 23, 1932, X-ray disclosed no bone pathology, but a [666]*666month later the X-ray disclosed exostosis or osteochondroma, an abnormal growth of bone, or bone and cartilage. The employer and carrier contended that this abnormal condition was not due to but preceded the accident. Upon the evidence this was a question of fact. The question of duration of disability was not litigated on the hearings. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

The claimant was a bread salesman for a bakery, and with the use of a truck delivered bread to grocery stores. On September 12, 1932, while lifting a heavy crate of bread into the upper compartment of the truck, he felt a sudden snap and pain in the lumbar region of his back, dropped the crate, and fell. He was induced by the employer to continue work for a number of days, and to “ break in ” another salesman, and then he became totally disabled. The primary injury was diagnosed as a strain and possible tearing of the ligaments of the lumbar vertebras. On September 23, 1932, X-ray disclosed no bone pathology, but a [666]*666month later the X-ray disclosed exostosis or osteochondroma, an abnormal growth of bone, or bone and cartilage. The employer and carrier contended that this abnormal condition was not due to but preceded the accident. Upon the evidence this was a question of fact. The question of duration of disability was not litigated on the hearings. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

243 A.D. 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-tischler-v-general-baking-co-nyappdiv-1935.