Opinion
November 16, 1961
Present — Coon, J.P., Gibson, Herlihy, Reynolds and Taylor, JJ.
Appeal from a decision of the Workmen's Compensation Board which found a continuing causal related disability. The claimant, a waitress, fell in 1955 sustaining a compensable low back injury. She returned to work after a short period of time, continued in her same occupation at different places and locations but claimed because of pains in the back and legs she was unable to retain her positions. In August, 1958, she suffered a further back injury in a fall at her home. In December of that year one of the doctors who testified in her behalf examined her and felt she was suffering from a possible protruded lumbar disc. In January of 1959 she injured her hip when struck by a hassock while at home. Two doctors testified on behalf of the claimant and each stated that in his opinion there was a causal relation between the disc condition and the accident in 1955 and that the intervening accidents may have aggravated the prior 1955 injury. The appellants offered no medical testimony. There was substantial evidence to sustain the findings of the board. The question of apportionment, not having been presented or argued before the board, will not now be considered on this appeal. ( Matter of Veley v. Borden Co., 13 A.D.2d 883; Matter of Braune v. Haas, 13 A.D.2d 875.) Decision and award uninimously affirmed, with costs to the Workmen's Compensation Board.