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Matter of O'Laughlin v. Fed. Res. Bank of New York

Appellate Division of the Supreme Court of New York, Third Department
May 11, 1949
275 App. Div. 876 (N.Y. App. Div. 1949)

Opinion

May 11, 1949.

Appeal from Workmen's Compensation Board.

Present — Foster, P.J., Heffernan, Brewster, Santry and Bergan, JJ.


Claimant suffered an accidental injury which required the amputation of her left leg. The question here is whether she should receive an award under the statute for a schedule loss of the leg, as appellants contend, or whether, as the board has determined, claimant should have an award based on total disability and the case continued. There is proof that the remaining stump of the leg is so short that the artificial limb which has been provided is not useful for locomotion and claimant needs crutches with it; that this method of walking could be accomplished "with difficulty"; and that she suffers pain and discomfort. There is thus evidence to sustain the finding of the board that she is totally disabled from doing any work requiring travel or going from place to place to find work. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.


Summaries of

Matter of O'Laughlin v. Fed. Res. Bank of New York

Appellate Division of the Supreme Court of New York, Third Department
May 11, 1949
275 App. Div. 876 (N.Y. App. Div. 1949)
Case details for

Matter of O'Laughlin v. Fed. Res. Bank of New York

Case Details

Full title:In the Matter of the Claim of MARY T. O'LAUGHLIN, Respondent, against…

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

Date published: May 11, 1949

Citations

275 App. Div. 876 (N.Y. App. Div. 1949)