Meray v. R. E. A. Express Automotive Services

Appellate Division of the Supreme Court of New York

Meray v. R. E. A. Express Automotive Services

44 A.D.2d 858, 354 N.Y.S.2d 742, 1974 N.Y. App. Div. LEXIS 5128

Appellate Division of the Supreme Court of the State of New York·Decided May 2, 1974·Published

Opinion

Appeal by the employer and its carrier from a decision and award of the Workmen’s Compensation Board on the ground that there is no substantial evidence to support the board’s finding of a continuing causal relationship. On June 2, 1969 claimant, a mechanic, sustained an injury to his knee when the step of the tractor cab on which he was working collapsed and he fell striking his knee cap against the steel step. The board found that this accidental injury aggravated a pre-existing osteoarthritic condition, and that claimant’s disability subsequent to October 9, 1969 and the recommended surgery were causally related thereto. In our opinion, the record contains sufficient medical testimony to sustain the board’s finding of continuing causally related disability. Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Staley, Jr., Greenblott, Sweeney and Main, JJ., concur.

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Appeal by the employer and its carrier from a decision and award of the Workmen’s Compensation Board on the ground that there is no substantial evidence to support the board’s finding of a continuing causal relationship. On June 2, 1969 claimant, a mechanic, sustained an injury to his knee when the step of the tractor cab on which he was working collapsed and he fell striking his knee cap against the steel step. The board found that this accidental injury aggravated a pre-existing osteoarthritic condition, and that claimant’s disability subsequent to October 9, 1969 and the recommended surgery were causally related thereto. In our opinion, the record contains sufficient medical testimony to sustain the board’s finding of continuing causally related disability. Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Staley, Jr., Greenblott, Sweeney and Main, JJ., concur.

Meray v. R. E. A. Express Automotive Services, 44 A.D.2d 858, 354 N.Y.S.2d 742, 1974 N.Y. App. Div. LEXIS 5128 (N.Y. Ct. App. 1974).

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44 A.D.2d 858 (Meray v. R. E. A. Express Automotive Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.