Todero v. Great Atlantic & Pacific Tea Co.

GULOTTA, Judge.

Defendant appeals from a total and permanent disability award in a workmen’s compensation case. It is defendant’s contention, on appeal, that plaintiff failed to show by a preponderance of the evidence that back injury resulting in the removal of a cervical disc was caused by a job-related accident and, alternatively, that plaintiff failed to establish total and permanent disability. We affirm.

According to plaintiff, while bending to pick up meat in connection with his duties as a butcher, he suffered neck injury resulting in the removal of a ruptured disc at the C-6, C-7,…