Matter of Magna v. Hegeman Harris Co.

Cardozo, Ch. J.

The question in this case is solely as to the period of time during which disability continued.

A physician called by the carrier testified that on May 3, 1928, the claimant had fully recovered, and was then able to go to work.

In opposition to this the claimant produced a verified report by another physician that he had been examined on July 30, 1928, and would not be able to resume work till August 15.

The carrier demanded an opportunity to cross-examine this physician, the signer of the report. It served a subpoena, which the physician ignored, and upon proof of his default,…