190 A.D. 336 | N.Y. App. Div. | 1919
While it may be that part of the disability results from what occurred September 7, 1918, the evidence is nevertheless clearly persuasive if not conclusive that nothing would have occurred on September seventh, if it had not been for the accident on May 13, 1918. The Commission finds that on September seventh, while attempting to crank an automobile as the claimant “ took hold of the crank handle the fracture which he had sustained on May 13, 1918, again
All concur, except Lyon, J., who votes to remit the matter to the Commission for further consideration and for additional findings as to the cause of the present injury and the liability therefor, with an opinion in which John M. Kellogg, P. J., concurs.
On May 13, 1918, the claimant, who was a chauffeur in the employ of the Holmes Express Company, sustained a fracture of his right forearm while cranking an automobile. The accident arose out of and in the course of his employment. His employer was insured in the ¿Etna Life Insurance Company and paid him compensation until September 3, 1918. He returned to work for the Holmes Express Company on that day under the advice of the surgeon of the ¿Etna Life Insurance Company that he was well enough to work, and would be better off for working, although the claimant told the surgeon he did not feel able to work. On September 7, 1918, as a result of again attempting to crank an automobile the fracture parted and he sustained the loss of the use of one-third of his right hand. Concededly the accident arose out of and in the course of his employment. Sometime between May thirteenth and September seventh, but the record is silent as to the exact date, the insurance in the ¿Etna Life Insurance Company expired and the employer took insurance in the Maryland Casualty Company. The State Industrial Commission awarded compensation of $1,100 against the Holmes Expréss Company and the ¿Etna Life Insurance Company. Erom the award the employer and insurer appeal.
The case should be remitted to the State Industrial Commission for further consideration, and for additional findings as to the cause of the present injury, and the liability therefor.
John M. Kellogg, P. J., concurs.
Award affirmed.