From Casetext: Smarter Legal Research

Matter of Ehinger v. Hotel St. Regis

Appellate Division of the Supreme Court of New York, Third Department
May 9, 1951
278 App. Div. 866 (N.Y. App. Div. 1951)

Opinion

May 9, 1951.

Appeal from Workmen's Compensation Board.

Present — Foster, P.J., Brewster, Deyo, Bergan and Coon, JJ.


By stipulation the sole question presented on this appeal is whether the provisions of subdivision 8 of section 15 Work. Comp. of the Workmen's Compensation Law, apply to the facts in this case. The board has ruled that the case does not come within such provisions and has discharged the Special Fund from liability. Claimant had previously sustained the loss of the small finger on her right hand. On July 18, 1947, she slipped and fell while in the course of her employment and sustained injuries to her right shoulder. The referee has determined, without medical evidence, that claimant's disability is not "materially and substantially greater" than that which would have resulted from the subsequent injury alone. Due to the obvious and undisputed nature of the previous injury, it was within the province of the referee and the board to so determine. Moreover, there is no finding that claimant's disability is permanent. Decision unanimously affirmed, with costs to the Workmen's Compensation Board.


Summaries of

Matter of Ehinger v. Hotel St. Regis

Appellate Division of the Supreme Court of New York, Third Department
May 9, 1951
278 App. Div. 866 (N.Y. App. Div. 1951)
Case details for

Matter of Ehinger v. Hotel St. Regis

Case Details

Full title:In the Matter of the Claim of MARTHA EHINGER, Respondent, against HOTEL…

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

Date published: May 9, 1951

Citations

278 App. Div. 866 (N.Y. App. Div. 1951)

Citing Cases

Saletta v. Allegheny Steel

But this is not the law. The mere fact that the sum of the disabilities is materially greater than the…

Matter of Baron v. Nobar Realty Corp.

There it was not shown that the employer knew the gravity of claimant's physical condition from diabetes when…