Claim of Wadge v. 23 E. 21st Corp.

Appellate Division of the Supreme Court of New York

Claim of Wadge v. 23 E. 21st Corp.

263 A.D. 1032, 33 N.Y.S.2d 448, 1942 N.Y. App. Div. LEXIS 7960

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

DecidedMarch 11, 1942

StatusPublished

This text of 263 A.D. 1032 (Claim of Wadge v. 23 E. 21st 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 Wadge v. 23 E. 21st Corp., 263 A.D. 1032, 33 N.Y.S.2d 448, 1942 N.Y. App. Div. LEXIS 7960 (N.Y. Ct. App. 1942).

Pincite

Opinion

Appeal from that part of a decision of the State Industrial Board which allows an award for a total permanent loss of claimant’s right eye. Claimant sustained accidental injuries while removing hot ashes from a boiler and such injuries required the enucleation of his right eye. Appellants contend that claimant was industrially blind prior to the accident because of another accident which happened in England and resulted in loss of binocular vision, and eighty per cent loss of the use of the eye. There is testimony which indicates that claimant had useful vision in the right eye prior to the accident, and that with the use of proper glasses this vision might have been corrected to an approximately normal condition. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.

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Appeal from that part of a decision of the State Industrial Board which allows an award for a total permanent loss of claimant’s right eye. Claimant sustained accidental injuries while removing hot ashes from a boiler and such injuries required the enucleation of his right eye. Appellants contend that claimant was industrially blind prior to the accident because of another accident which happened in England and resulted in loss of binocular vision, and eighty per cent loss of the use of the eye. There is testimony which indicates that claimant had useful vision in the right eye prior to the accident, and that with the use of proper glasses this vision might have been corrected to an approximately normal condition. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.

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Bluebook (online)

263 A.D. 1032, 33 N.Y.S.2d 448, 1942 N.Y. App. Div. LEXIS 7960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-wadge-v-23-e-21st-corp-nyappdiv-1942.