Claim of Williams v. Wilmore-Stanley Joint Venture

Appellate Division of the Supreme Court of New York

Claim of Williams v. Wilmore-Stanley Joint Venture

40 A.D.2d 744, 336 N.Y.S.2d 813, 1972 N.Y. App. Div. LEXIS 3629

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

DecidedOctober 26, 1972

StatusPublished

This text of 40 A.D.2d 744 (Claim of Williams v. Wilmore-Stanley Joint Venture) 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 Williams v. Wilmore-Stanley Joint Venture, 40 A.D.2d 744, 336 N.Y.S.2d 813, 1972 N.Y. App. Div. LEXIS 3629 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed October 27, 1971. Claimant, a 50-year-old laborer who suffered from diabetes, was engaged in work involving the mixing of cement while standing in wet sand. He developed ulcers and blisters which, superimposed upon his prior diabetic and circulatory condition, eventually led to the disabling partial amputation of his feet. There was substantial evidence to support the board’s finding that claimant sustained an accidental injury [745]*745on August 28, 1979 which arose out of and in the course of his employment. The ulcers and blisters were identifiable structural changes and breakages in claimant’s body which eventually led to the partial amputation of claimant’s feet and must be deemed accidental. (Matter of Walters v. U. S. Vitamin Corp., 11 A D 2d 280.) Decision affirmed, with costs to the Workmen’s Compensation Board. Staley, Jr., J. P., Greenblott, Cooke, Kane and Reynolds, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed October 27, 1971. Claimant, a 50-year-old laborer who suffered from diabetes, was engaged in work involving the mixing of cement while standing in wet sand. He developed ulcers and blisters which, superimposed upon his prior diabetic and circulatory condition, eventually led to the disabling partial amputation of his feet. There was substantial evidence to support the board’s finding that claimant sustained an accidental injury [745]*745on August 28, 1979 which arose out of and in the course of his employment. The ulcers and blisters were identifiable structural changes and breakages in claimant’s body which eventually led to the partial amputation of claimant’s feet and must be deemed accidental. (Matter of Walters v. U. S. Vitamin Corp., 11 A D 2d 280.) Decision affirmed, with costs to the Workmen’s Compensation Board. Staley, Jr., J. P., Greenblott, Cooke, Kane and Reynolds, JJ., concur.

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Bluebook (online)

40 A.D.2d 744, 336 N.Y.S.2d 813, 1972 N.Y. App. Div. LEXIS 3629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-williams-v-wilmore-stanley-joint-venture-nyappdiv-1972.