Labionti v. Meehan & Sons
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtVan Kirk, J.
On June 18, 1925, a schedule award was made for fifty per cent loss of the right great toe; nineteen weeks at twenty dollars per week (Workmen’s Compensation Law, § 15, subd. 3), and the case was closed. On July 8, 1925, a hearing was had. No witness was sworn, but the referee asked claimant, “ How long were you out of work? ” A. “ Six months.” “Q. Were you under treatment all that time? A. The doctor treated me about three months. Q. Were you treated until the 27th of March by Dr. Wolff? A. Yes, until March 31st.” Without any further information the Industrial Board modified the previous…
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