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Matter of Gebhardt v. Bickford's Inc.

Appellate Division of the Supreme Court of New York, Third Department
Apr 1, 1955
285 App. Div. 1093 (N.Y. App. Div. 1955)

Opinion

April 1, 1955.

Appeal from Workmen's Compensation Board.

Present — Foster, P.J., Bergan, Halpern, Imrie and Zeller, JJ.


Claimant sustained an industrial accident during the course of her employment. She fell down a flight of stairs and sustained injuries in the nature of multiple bruises, contusions of the right thigh, buttocks and back. These injuries caused her to be disabled for a period of several weeks, and for this disability she was awarded compensation. Later she developed a gynecological condition which caused profuse bleeding. She sought compensation for this condition on the theory that it was related to the accident. It was found upon examination that she had a fibroid uterus, which concededly was not caused by the fall. It was also indicated that the hemorrhaging from which she was suffering could have been due to the fibroid. One physician however testified that he believed her fall had something to do with the commencement of the hemorrhaging. The board found that this evidence of causal relation was too speculative and denied the award. Only an issue of fact was involved and the board was not required to accept the rather casual opinion of the physician in question. Decision unanimously affirmed, without costs.


Summaries of

Matter of Gebhardt v. Bickford's Inc.

Appellate Division of the Supreme Court of New York, Third Department
Apr 1, 1955
285 App. Div. 1093 (N.Y. App. Div. 1955)
Case details for

Matter of Gebhardt v. Bickford's Inc.

Case Details

Full title:In the Matter of the Claim of ELIZABETH GEBHARDT, Appellant, against…

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

Date published: Apr 1, 1955

Citations

285 App. Div. 1093 (N.Y. App. Div. 1955)