Layton v. Interstate Heating

Appellate Division of the Supreme Court of New York

Layton v. Interstate Heating

45 A.D.2d 779, 356 N.Y.S.2d 716, 1974 N.Y. App. Div. LEXIS 4677

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

DecidedJune 20, 1974

StatusPublished

Cited by2 cases

This text of 45 A.D.2d 779 (Layton v. Interstate Heating) 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

Layton v. Interstate Heating, 45 A.D.2d 779, 356 N.Y.S.2d 716, 1974 N.Y. App. Div. LEXIS 4677 (N.Y. Ct. App. 1974).

Pincite

Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed May 25, 1973, which found that claimant had a continuing causally related disability due to an accidental injury on March 10, 1965. Claimant sustained a compensable back injury on March 10, 1965 while he was installing a 300-pound furnace which fell over and struck him in the back. The board found on conflicting medical testimony that claimant’s disability after March 11, 1972 was causally related to the 1965 accident. Its determination is supported by substantial evidence and should not be disturbed. We find no abuse of discretion in the board’s refusal to grant a further adjournment to allow appellants to cross-examine the attending physician’s consultant. Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Greenblott, Sweeney, Main and Reynolds, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed May 25, 1973, which found that claimant had a continuing causally related disability due to an accidental injury on March 10, 1965. Claimant sustained a compensable back injury on March 10, 1965 while he was installing a 300-pound furnace which fell over and struck him in the back. The board found on conflicting medical testimony that claimant’s disability after March 11, 1972 was causally related to the 1965 accident. Its determination is supported by substantial evidence and should not be disturbed. We find no abuse of discretion in the board’s refusal to grant a further adjournment to allow appellants to cross-examine the attending physician’s consultant. Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Greenblott, Sweeney, Main and Reynolds, JJ., concur.

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Bluebook (online)

45 A.D.2d 779, 356 N.Y.S.2d 716, 1974 N.Y. App. Div. LEXIS 4677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/layton-v-interstate-heating-nyappdiv-1974.

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