Legal Opinion

Claim of McNerney v. Heller

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

Decided March 8, 1922PublishedCited by 2 opinions

Appeal by the defendants, Solomon Heller and another, from a decision and award of the State Industrial Board, entered in the office of said Board on the 9th day of May, 1921.

1Opinion of the Court

Van Kirk, J.:

The appellants question whether or not the claimant was disabled during the period covered by the award.

He was injured August 7, 1920, when he fell from a board or scaffold, a distance of about seven feet, and struck a pail of water. Several physicians had reported that, prior to January 8, 1921, the claimant was able to do his usual work. Awards were made from time to time and have been paid, the last of these on January 7, 1921, when the claimant testified that he was not able to work at his trade, that he had sought other lighter work and been unable to find it; and an award…

2Cases cited1 opinion

  1. Matter of Jordan v. . Decorative Co.New York Court of Appeals · 1921

3Cited by2 opinions

  1. Integrity Mutual Casualty Co. v. GarrettSupreme Court of Oklahoma · 1924
  2. Bello v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1923

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