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Matter of Cartenuto v. McConnell Company, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Mar 16, 1938
254 App. Div. 612 (N.Y. App. Div. 1938)

Summary

In Matter of Cartenuto v. McConnell Co. (254 App. Div. 612) claimant sustained extensive injuries to his foot and had a pre-existing osteomyelitis.

Summary of this case from Matter of Clara v. Hartsdale Coal Company

Opinion

March 16, 1938.

Present — Hill, P.J., Rhodes, McNamee, Crapser and Heffernan, JJ.


Claimant suffered an industrial injury to his foot; in addition thereto he suffered from osteomyelitis in his foot. The doctors advised amputation of the foot; the claimant has declined to follow their advice. Whether or not this was reasonable was a question of fact to be determined by the State Industrial Board. The injury to the foot wholly incapacitates the claimant, and confines him to his bed. This does not constitute a schedule loss, and may as a matter of fact result in total disability. Award unanimously affirmed, with costs to the State Industrial Board.


Summaries of

Matter of Cartenuto v. McConnell Company, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Mar 16, 1938
254 App. Div. 612 (N.Y. App. Div. 1938)

In Matter of Cartenuto v. McConnell Co. (254 App. Div. 612) claimant sustained extensive injuries to his foot and had a pre-existing osteomyelitis.

Summary of this case from Matter of Clara v. Hartsdale Coal Company
Case details for

Matter of Cartenuto v. McConnell Company, Inc.

Case Details

Full title:In the Matter of the Claim of FRANK CARTENUTO, Respondent, against…

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

Date published: Mar 16, 1938

Citations

254 App. Div. 612 (N.Y. App. Div. 1938)

Citing Cases

Matter of Sammis v. Queens Borough Gas Elec. Co.

We regard the testimony as sufficient to justify the finding that claimant suffered an injury more extensive…

Matter of Clara v. Hartsdale Coal Company

The case mainly relied upon by the board is distinguishable. In Matter of Cartenuto v. McConnell Co. ( 254…