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Matter of Slattery v. Wharton Green Co., Inc.

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1935
244 App. Div. 854 (N.Y. App. Div. 1935)

Opinion

May, 1935.

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


Claimant, a bricklayer, was injured November 11, 1929, by falling from a roof of a vestibule to the ground, and severely injured his back, head and other portions of his body. The Industrial Board made a finding of permanent partial disability to the extent of seventy-five percent. There is evidence to sustain that finding, and no appeal was taken therefrom by the employer or carrier. The accuracy of the medical reports in the record was not questioned by the carrier until practically five years had elapsed from the occurrence of the injury. At that time the carrier's representative asked to have an opportunity to examine the doctors, but declined to state the purpose. He was advised by the Industrial Board that if the carrier desired to cross-examine the physicians he would have the opportunity to do so. It declined to advise the Board as to its purpose. Award unanimously affirmed, with costs to the State Industrial Board.


Summaries of

Matter of Slattery v. Wharton Green Co., Inc.

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1935
244 App. Div. 854 (N.Y. App. Div. 1935)
Case details for

Matter of Slattery v. Wharton Green Co., Inc.

Case Details

Full title:In the Matter of the Claim of PATRICK M. SLATTERY, Respondent, against…

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

Date published: May 1, 1935

Citations

244 App. Div. 854 (N.Y. App. Div. 1935)