(DOWNLOAD) "Matter Claim Rose Bruzdowski v. Coleco Industries" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Claim Rose Bruzdowski v. Coleco Industries
- Author : Supreme Court of New York
- Release Date : January 08, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
[30 A.D.2d 886 Page 886] Appeal by the employer and its carrier from decisions of the Workmen's Compensation Board filed May 24, 1967 and September
20, 1967 awarding benefits. Over a period of several weeks, claimant was assigned to placing metal rails, weighing 3 to 4
pounds each, in a box on a conveyor belt some 5 feet above the floor. After performing this work for a while claimant began
to experience pains in the middle of her back and the bottom of her abdomen, describing the pain as coming "gradually, the
more I did it the more it pained me". While her attending physician made a diagnosis of lumbosacral strain and strain of the
abdominal muscles, he described her resulting condition as "a gradual development sort of thing, but at some time the pain
has to start, but the events leading up to that would certainly contribute to it"; and Dr. Button expressed an opinion that
the claimant had a weakness in her back and that her work brought on her symptoms. The board in basing its findings of an
"accidental injury arising out of and in the course of employment" stated that it resulted from "the repetitive bending and
lifting that claimant did during the one month period prior to April 12, 1965, causing lumbosacral strain and strain of the
abdominal muscles". Appellants correctly contend that the record does not reveal substantial evidence to sustain a finding
of an accident. Neither does the evidence nor findings point to an accident "assignable to a determinate or single act" or
"to something catastrophic or extraordinary" within the holding of Matter of Lerner v. Rump Bros. (241 N. Y. 153, 155); and
as we stated in Matter of Scuderi v. Miss Ann Dresses, (24 A.D.2d 905), "We find nothing to distinguish this case from others
of repeated minor trauma in which awards had to be [30 A.D.2d 886 Page 887]