Matter of Foster v. Gillinder Bros., Inc.
New York Court of Appeals
1Per curiam
Respondent was employed as a glass gatherer and used an implement known as a “ punny,” weighing about ten pounds. The finding, supported by evidence, is that the continuous gathering and lifting of glass from a furnace involved a constant twisting and straining of the body. This process, from gradual stretching, resulted in a hernia which is a disease. (Matter of Alpert v. Powers, 223 N. Y. 97,101.) There is medical testimony that claimant’s occupation would produce this disease and there are judicial decisions in other jurisdictions holding that hernia is an occupational disease. (Marathon…
2Cases cited2 opinions
- Claim of Alpert v. J. C. & W. E. PowersNew York Court of Appeals · 1918
- Marathon Paper Mills Co. v. Industrial CommissionWisconsin Supreme Court · 1930
3Cited by6 opinions
- Claim of Champion v. W. & L. E. GurleyNew York Court of Appeals · 1949
- Claim of Detenbeck v. General Motors Corp.New York Court of Appeals · 1956
- Claim of Lawton v. Port of New York AuthorityAppellate Division of the Supreme Court of the State of New York · 1949
- Claim of Miner v. Duchess Fabrics, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
- Claim of Paradiso v. VuozzoAppellate Division of the Supreme Court of the State of New York · 1950
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