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(DOWNLOAD) "Matter Claim Betty Raskind v. Speed Printing Company Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free

Matter Claim Betty Raskind v. Speed Printing Company Et Al.

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eBook details

  • Title: Matter Claim Betty Raskind v. Speed Printing Company Et Al.
  • Author : Supreme Court of New York
  • Release Date : January 13, 1962
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

Appeal from a decision and award of the Workmen's Compensation Board. Decedent was employed as a compositor in a small printing shop. There is adequate proof that as part of his work he was required to lift ""forms"" or ""moulds"" from the floor to a table from 10 to 12 times a day. These each weighed from 25 to 30 pounds. For some time before the accident here involved claimant had a mild, reducible right inguinal hernia. On March 13, 1957 he came home earlier than usual and told his wife that he had felt a sharp pain after lifting something heavy. A physician came, found a large hernia which he was unable to reduce, and decedent was admitted to a hospital where he was operated on for strangulated hernia. Death was due to post-operative effects. His physician's notes show that decedent ""gave history of lifting a heavy object"". There is no direct proof of the accident; and the problem on appeal is whether there is sufficient corroboration of the hearsay statements made by the decedent to his wife and to the doctor to sustain the award. The independent proof that the job required lifting a heavy objects, which under the medical proof in the case could have been sufficient to induce the serious hernia of March 13, is sufficient corroboration within the scope of several decisions of which Matter of Aaron v. Burnham & Co. (8 A.D.2d 891); Matter of Rambold v. Whitney (4 A.D.2d 906); and Matter of Keller v. Montgomery Ward & Co. (2 A.D.2d 402) are examples. Disposition Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.


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