Penn v. Standard Accident Insurance

Appeal from an order of the Special Term, Albany County, dismissing the complaint. The plaintiff suffered an accidental injury to his right leg on October 1, 1951, while in the employ of an employer insured by the defendant insurance company. An award of workmen’s compensation benefits was made and duly paid; weekly benefits are still being paid to the plaintiff. An ulcer formed at the site of the wound on the plaintiff’s right leg, which never completely healed despite repeated periods of treatment and hospitalization. On May 22, 1952, while the plaintiff was unemployed, he fell and injured…