283 A.D. 839 | N.Y. App. Div. | 1954
Appeal from a decision of the Workmen’s Compensation Board. Since a third-party recovery exceeded the amount of all disability claims up to the present time, no compensation award has as yet been made. The only question presented is whether the manic-depressive psychosis from which the claimant is coneededly suffering is causally connected with the accidental injuries which he suffered on January 18, 1945, when a coal truck on which he was serving as a helper was struck by a railroad train in a grade crossing collision. The claimant suffered a fracture of one of the vertebrae of his spine. He was hospitalized until March 2, 1945; thereafter he received electric treatments for his back until April 30, 1945, when he was “ discharged * * * as cured ”. There was some evidence that his actions at the hospital were peculiar but this evidence was in the form of hearsay and was not supported by any notation in the hospital records. About a month after his discharge from the hospital, the claimant purchased some horses and spent part of his time in plowing victory