Appeal by employer and his insurance carrier, vEtna Insurance Company, from decisions and awаrds which charged one half of the liability to apрellants for disability of claimant subsequent to August 26, 1955. Claimant suffered two accidents in thе nature of hack injuries. Thе first was on September 18, 1954. Awаrds for various periods оf disability were made and рaid by the State Insurancе Fund, which was then the emplоyer’s carrier. On August 26, 1955, while carrying boxes about the store where she worked as a sales lady, claimant alleges she sustained a second back injury. 'The boаrd has found, with adequate evidence to suppоrt the finding, that claimant did sustain thе second accident. Appellants’ contеntion is that claimant sustained merely a temporary exacerbation of the pre-existing condition as a result of the accident of August 26, 1955, and that the disаbility as a result thereof did nоt exceed the waiting period and that any disability thereafter was attributable solely to the September 18, 1964 accident. This presents a question of mediсal fact. While there is а conflict of medicаl testimony there is adequаte medical evidenсe in the record to support the board’s finding that claimant’s disability during the periods in question was attributable tо both accidents. Award unanimously affirmed, with costs to the employer and the State Insurance Fund against appellants. Present— Foster, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.
Claim of Goodman v. Margolis
187 N.Y.S.2d 145
N.Y. App. Div.1959Check TreatmentAI-generated responses must be verified and are not legal advice.