Opinion
August 1, 1961
Appeal from a decision and award of the Workmen's Compensation Board. Claimant, a boy 17 years old when injured, suffered the amputation of the fingers of his right hand when it was caught in a meat-grinding machine in employer's restaurant premises. He was allowed 100% schedule award of $8,784 against the employer and carrier for the loss of the hand, and the employer individually was directed to pay $8,784 additionally for a violation of section 130 Lab. of the Labor Law, for failure to require that claimant have an employment certificate. The machine had a guard which would have protected claimant from injury; he was told not to take the guard off, but the claimant testified he was not told how to operate the machine or of what the guard consisted. He was injured on the first occasion he was using the machine. Thus the board could find that claimant was doing the work in a forbidden manner within Matter of Macechko v. Bowen Mfg. Co. ( 179 App. Div. 573) rather than in doing work itself forbidden by the employer within Matter of Yodakis v. Smith Sons Carpet Co. ( 193 App. Div. 150, affd. 230 N.Y. 593). Claimant admitted that he told the employer when hired that he was 18 years old, but this does not necessarily relieve the employer from making adequate inquiry into the true age of a young person. The employer contended that claimant furnished him with a forged document showing his age to be 18, but this is denied by claimant and presents an issue of fact. Appellants argue that claimant "willfully brought about his own injuries". This does not inevitably follow from the record and the board was not required to view the record in this way. Decision and award affirmed, with costs to the Workmen's Compensation Board. Bergan, P.J., Gibson, Reynolds and Taylor, JJ., concur.