Legal Opinion

Claim of Spasiano v. Empire City Iron Works

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

Decided October 25, 1979Published

1Opinion of the Court

—Appeal from a decision of the Workers’ Compensation Board, filed November 14, 1978, discharging the Special Fund from liability. Claimant was hired by the employer as a mechanic on September 27, 1974. On his application for the job, he stated he had stomach surgery for ulcers in 1960. Claimant had a second operation in 1965, consisting of a subtotal gastrectomy which involved removal of 70% of claimant’s stomach. On November 14, 1974, claimant turned a piece of iron at work and felt pain in the low back. He was treated with traction for 30 days, without relief. Claimant returned to work in…

2Cases cited1 opinion

  1. Claim of Griego v. Griego Electric Co.Appellate Division of the Supreme Court of the State of New York · 1976

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