Legal Opinion

Claim of Avila v. St. Francis Hospital

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

Decided May 5, 1988PublishedCited by 1 opinion

1Opinion of the Court

— Mahoney, P. J.

On February 13, 1965, claimant, an orderly employed by St. Francis Hospital in New York City, sustained a compensable low back injury while lifting a patient. Claimant was hospitalized for three weeks and treated with traction, physical therapy and medication. Although the hospital admission and discharge records included a diagnosis of herniated lumbar disc, there was no mention of a disc in the progress notes, and the X rays taken were normal. Claimant’s doctor and the *770workers’ compensation insurance carrier’s experts all agreed that claimant had sustained a lumbo-sacral…

2Cases cited3 opinions

  1. Claim of Scheiber v. I. Simon & Co.Appellate Division of the Supreme Court of the State of New York · 1966
  2. Matter of Scheiber v. I. Simon & Co.New York Court of Appeals · 1967
  3. Claim of Saraceno v. Moore-McCormack Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1966

3Cited by1 opinion

  1. Claim of Clark v. L & H Window ErectorsAppellate Division of the Supreme Court of the State of New York · 2003

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