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Matter of Jennings v. Simon Manges Sons, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Dec 16, 1954
284 App. Div. 1071 (N.Y. App. Div. 1954)

Opinion

December 16, 1954.

Appeal from Workmen's Compensation Board.

Present — Foster, P.J., Coon, Halpern, Imrie and Zeller, JJ.


Claimant was employed as a carpet layer. Previous to the incident involved here he had some symptoms of a gastric ulcer but his condition cleared up from time to time. On the day of the alleged accident he had to lift and move some heavy objects in order to lay a carpet, and pull and haul the latter into position. While doing some part of this work he felt acute pain in the pit of his stomach. It later developed on the same day that he suffered from a perforated gastric ulcer that required surgical treatment. The medical testimony is conflicting as to whether claimant's work caused the perforation. The issue was factual, as was also the issue of whether claimant's injury was accidental; and the board's determination of these issues, with substantial evidence to sustain it, was conclusive. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.


Summaries of

Matter of Jennings v. Simon Manges Sons, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Dec 16, 1954
284 App. Div. 1071 (N.Y. App. Div. 1954)
Case details for

Matter of Jennings v. Simon Manges Sons, Inc.

Case Details

Full title:In the Matter of the Claim of MICHAEL JENNINGS, Respondent, against SIMON…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 16, 1954

Citations

284 App. Div. 1071 (N.Y. App. Div. 1954)

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