Appellate Division of the Supreme Court of New York, 1938

Claim of Cartenuto v. McConnell & Co.

Claim of Cartenuto v. McConnell & Co.
Appellate Division of the Supreme Court of New York · Decided March 16, 1938
254 A.D. 612; 2 N.Y.S.2d 841
Claim of Cartenuto v. McConnell & Co.

Opinion of the Court

Claimant suffered an industrial injury to his foot; in addition thereto he suffered from osteomyelitis in his foot. The doctors advised amputation of the foot; the claimant has declined to follow their advice. Whether or not this was reasonable was a question of fact to be determined by the State Industrial Board. The injury to the foot wholly incapacitates the claimant, and confines him to his bed. This does not constitute a schedule loss, and may as a matter of fact result in total disability. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.