Legal Opinion

Claim of Cartenuto v. McConnell & Co.

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

Decided March 16, 1938PublishedCited by 3 opinions

1Opinion of the Court

Claimant suffered an industrial injury to his foot; in addition thereto he suffered from osteomyelitis in his foot. The doctors advised amputation of the foot; the claimant has declined to follow their advice. Whether or not this was reasonable was a question of fact to be determined by the State Industrial Board. The injury to the foot wholly incapacitates the claimant, and confines him to his bed. This does not constitute a schedule loss, and may as a matter of fact result in total disability. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J.,…

2Cited by3 opinions

  1. Ciccone v. National Accessories Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
  2. Claim of Sammis v. Queens Borough Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1939
  3. Claim of Clara v. Hartsdale Coal Co.Appellate Division of the Supreme Court of the State of New York · 1959

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