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Claim of Le Barron v. D & K Fibre Co.

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 1971
38 A.D.2d 647 (N.Y. App. Div. 1971)

Opinion

December 20, 1971


Appeal by the employer and its insurance carrier from a decision of the board, filed March 17, 1971, which affirmed a schedule award for 100% loss of use of the claimant's left eye. There was no dispute as to the claimant suffering a traumatic injury to his left eye on November 13, 1967 and that such injury caused a massive hemorrhage with vision being reduced to light perception. As of the hearings the claimant remained blind in his left eye, and his physician testified that the blindness was caused by the traumatic injury and the resultant hemorrhage. There is medical evidence that the hemorrhage should have cleared and that, therefore, the present blindness is solely the product of the claimant's diabetic condition. The board adopted the medical evidence in favor of the claimant and the award is supported by substantial evidence. Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Staley, Jr., Greenblott, Cooke and Simons, JJ., concur.


Summaries of

Claim of Le Barron v. D & K Fibre Co.

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 1971
38 A.D.2d 647 (N.Y. App. Div. 1971)
Case details for

Claim of Le Barron v. D & K Fibre Co.

Case Details

Full title:In the Matter of the Claim of ARTHUR LE BARRON, Respondent, v. D K FIBRE…

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

Date published: Dec 20, 1971

Citations

38 A.D.2d 647 (N.Y. App. Div. 1971)