Legal Opinion
Thrall v. Al Turner Excavating Contractor, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 17, 1980PublishedCited by 3 opinions
1Opinion of the Court
Appeal from decisions of the Workers’ Compensation Board, filed June 29, 1979 and August 10, 1979. Decedent, an extremely obese 52-year-old male, was employed as a heavy equipment operator. On December 8, 1975 he began work at 8:00 a.m., operating a 10-ton bulldozer and a 10-ton roller. It was necessary that he alternately climb down from one machine and mount the other in order to carry on his work activities. At about 3:30 p.m. decedent was found lying on the ground, with the 10-ton roller slowly moving away from his prone body. He died one hour later. Dr. Redmond testified that the…
2Cases cited3 opinions
- Claim of Lagona v. Starpoint Central SchoolAppellate Division of the Supreme Court of the State of New York · 1975
- Claim of Lagona v. Starpoint Central SchoolNew York Court of Appeals · 1976
- Claim of Newman v. Clarkstown Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by3 opinions
- Claim of Barrett v. Transport System of Western New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Claim of Yarter v. S. R. Beltrone, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Claim of Stover v. Mitchell Transport Co.Appellate Division of the Supreme Court of the State of New York · 1984