Claim of Muniak v. ACF Industries, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBergan, J.
On reargument which was allowed on application of the Workmen’s Compensation Board, we adhere to the decision previously announced in this case, which reversed the award without prejudice (6 A D 2d 923).
That the work was competent to cause claimant’s left inguinal hernia and that it could be found to be an occupational disease were held in the prior decision to be findings of the board warranted by the record; But although a physician discovered the hernia on March 18,1955 and advised surgical treatment, claimant did not take the medical advice and continued the work he was doing as machine…
2Cases cited5 opinions
- Claim of Mastrodonato v. Pfaudler Co.New York Court of Appeals · 1954
- Claim of Cole v. Saranac Lake General HospitalAppellate Division of the Supreme Court of the State of New York · 1953
- Claim of Davis v. Dexter Folder Co.Appellate Division of the Supreme Court of the State of New York · 1952
- Claim of Slawinski v. J. H. Williams & Co.Appellate Division of the Supreme Court of the State of New York · 1948
- Claim of Curran v. Metropolis BrewingAppellate Division of the Supreme Court of the State of New York · 1953
3Cited by6 opinions
- Miller v. Western Electric Co.Court of Appeals of Maryland · 1987
- Salazar v. Kaiser Steel CorporationNew Mexico Court of Appeals · 1973
- Jordan v. Morrill CountyNebraska Supreme Court · 1999
- Coloney v. Accurate Superior Scale Co.Missouri Court of Appeals · 1997
- Claim of Kindlick v. Nassau Smelting & Refining Co.Appellate Division of the Supreme Court of the State of New York · 1960
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