Opinion
March 11, 1942.
Present — Hill, P.J., Crapser, Bliss, Heffernan and Foster, JJ.
Appellants urge that claimant's disability was not the result of an accidental injury within the meaning of the Workmen's Compensation Law. Claimant was employed as a gasoline station attendant. He bent down to place a heat gun on a low cabinet shelf; when he started to straighten up he was taken with a severe sharp pain in the lower part of his back, was unable to straighten up and his legs were numbed. His injury was diagnosed as a possible herniation of intervertebral disc in the lumbar vertebrae. The medical evidence established that the accident was a competent producing cause of the injury. Award unanimously affirmed, with costs to the State Industrial Board, on the authority of Matter of Jordan v. Decorative Co. ( 230 N.Y. 522).