Gary v. Fidelity & Casualty Co. of New York

FRUGÉ, Judge.

This is a workmen’s compensation suit brought by Simon Gary against Fidelity & Casualty Co. of New York.

Simon Gary had been employed as a janitor for United Gas Corp. for several years. On September 14, 1960, plaintiff allegedly sustained an injury to his right arm while lifting a mail sack. After the accident plaintiff was assigned to the same job and received the same amount of wages. Later he received an increase in wages as a result of a general wage increase by the employer. On April 30, 1962, plaintiff retired from his employment. On January 16, 1963, approximately eight…