210 A.D. 495 | N.Y. App. Div. | 1924
On November 8, 1918, claimant sustained an injury resulting in traumatic neurosis. On December 12, 1921, an award was made in his favor covering the period from July 20, -1921, to December 12, 1921, which award on appeal to this court was affirmed. (204 App. Div. 850.) The award from which the present appeal is taken is for total disability from December 12, 1921, the date of the former award, to October 1, 1923, and the case was continued for further hearing. The present question is whether the claimant has been totally disabled during the period covered by this last award. On February 19, 1923, a hearing was had at which the claimant and two physicians were examined. One of the physicians was selected by the claimant, the other by the employer. The physicians agreed that he was able to work. On their testinlony an award was denied and the case closed. Subsequently the case was reopened and further testimony taken October 1, 1923. Claimant then called a physician who had given testimony before the first award and who had again examined him a
All concur.
Award reversed and matter remitted to the State Industrial Board, with costs against said Board to abide the event.