30 A.D.2d 722 | N.Y. App. Div. | 1968
Appeal from decisions of the Workmen’s Compensation Board filed January 17, 1967 and April 24, 1967. The claimant was employed by the Reliable Sample Company as a paster in which capacity she pasted and mounted samples on cards. It is undisputed that on October 19, 1961, the claimant met with an accident while lifting a 25 pound bucket of paste and, when in the course of such exertion, she felt a sharp pain in her lower back. On March 2, 1962 the Referee found that accident, notice, and causal relationship were established. Thereafter, awards were made to the claimant for periods of total disability until January 22, 1962 and for periods of partial disability until December 21, 1962. At the hearing on December 21, 1962, claimant was examined by Dr. De Castro, a board physician, and found to have a mild partial disability. On March 11, 1963 the Referee held that the claimant had no further disability after December 21, 1962, and closed the case. On April 8, 1963 Dr. Seaman, an orthopedist, examined the claimant and submitted a C-27 medical report to the board which indicated a change in condition in that claimant had a “ chronic unstable low back which is causing a continuing causally related disability” requiring further treatment and requested that the case be reopened. On February 20, 1964 the board rescinded the Referee’s decision closing the ease, and found that the claimant had a continuing causally related disability subsequent to December 21, 1962, and continued the case for an appropriate award. On March 3, 1964 the board restored the case to the Referee Calendar. Thereafter, an award was made for the period from December 21, 1962 to February 21, 1964, and the case was continued. The employer and carrier appealed to this court from the decision of the board dated February 20, 1964. This court reversed the decision of the board and remitted the case for clarification and