Claim of De Croix v. N. Sumergrade & Sons

The board awarded to claimant the cost of transportation to and from work by means of his own automobile, as “ necessary for the claimant’s physical support”, upon medical testimony that following healed leg fractures claimant was left with limitation of motion at the ankle, traumatic arthritis of the ankle and an ankle ulcer, and that claimant’s previous mode of transportation by subway was precarious in that the stairs and crowds subjected him to risk of irreparable injury. In Matter of Carniato v. Foster Wheeler Corp. (7 A D 2d 328), this court, per Bergan, J., flatly held (p. 329):…