Legal Opinion

Claim of Knight v. Ferguson

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1921PublishedCited by 3 opinions

Appeal by the defendant, Frank L. Ferguson, from an award of the State Industrial Commission, made on or about the 8th day of February, 1921.

1Opinion of the Court

Kiley, J.:

On May 26, 1919, the claimant was at work for appellant who was a contractor, operating at Jamaica, Long Island, N. Y. He was working at carpenter work, and received wages at the rate of sixty-eight cents an hour. On the day aforesaid he was shingling the eaves of a house and fell to the ground below. Such fall fractured the cervical vertebrae, resulting in a permanent bilateral deformity and involved the posterior thorax nerve which supplied serratus magnus muscle. This description means that fracturing the vertebrae in the back of the neck (spinal column) destroyed the nerve,…

2Cases cited2 opinions

  1. Matter of Grammici v. . ZinnNew York Court of Appeals · 1916
  2. Claim of Supple v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1917

3Cited by3 opinions

  1. Matthew Long v. Director, Office of Workers' Compensation Programs Seatrain Lines and Royal Globe Insurance CompanyCourt of Appeals for the Ninth Circuit · 1985
  2. James W. Barker v. United States Department of LaborCourt of Appeals for the First Circuit · 1998
  3. Pool Co. v. Director, Office of Worker's Compensation ProgramsCourt of Appeals for the Fifth Circuit · 2000

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