7 A.D.2d 797 | N.Y. App. Div. | 1958
Appeal by the employer and its insurance carrier from decisions of the Workmen’s Compensation Board awarding disability and death benefits to three minor children of the deceased employee. The decedent was employed in the moving business and on October 23, 1952 was moving a refrigerator weighing about 300 pounds down a flight of stairs with the assistance of a coemployee. The decedent was backing down the stairs facing the refrigerator and when they had almost reached the bottom the entire weight of the refrigerator was unexpectedly caused to go against him. He experienced severe pain in his back and, although after a rest he helped to finish moving the refrigerator, he did no more work that day. He did light work until November 1, 1952 when he stopped completely because of the pain. On November 14, 1952 the decedent consulted a Dr. Dunne, who diagnosed his condition as lumbosacral sprain. He did pot respond to treatment and was hospitalized from November 29 to December 7. His condition was there diagnosed as severe lumbosacral sprain and an intervertebral disc was suspected. X rays were taken which showed some areas of atrophy in the spine. His condition became worse and he was readmitted to the hospital on February 16, 1953. X rays then taken were typical of multiple myeloma and that diagnosis was then made. After being discharged on March 24, 1953 he was readmitted to the hospital several times for treatment of the multiple myeloma and he died there on January 31, 1954 as a result of the disease. A claim for compensation was filed and at hearings held before the decedent’s death Dr. Dunne, Dr. Lacey, an orthopedist who had been called in by Dr. Dunne and Dr. Auerbach, an expert on pathology, all testified that the incident with the refrigerator aggravated a pre-existing myelomatous condition. For the carrier, Drs. Charles and Katz, testified that the multiple myeloma was not aggravated by the incident. After the decedent’s death further hearing's were held at which Drs. Dunne and Auerbach reiterated their positions and Dr. Helpern, a specialist in pathology, testified that there was no aggravation of the myeloma condition by the refrigerator incident. The case was then referred to Dr. Pearce, an impartial specialist in pathology. It was his opinion that the accident was not an accelerating factor in the disease which led to the decedent’s death. The Referee thereafter found no causal relation and disallowed the claim. The board on review reversed the Referee’s decision and restored both the disability and the death claims to the Referee