Appellate Division of the Supreme Court of New York, 1938

Claim of Benn v. Washburn Wise Co.

Claim of Benn v. Washburn Wise Co.
Appellate Division of the Supreme Court of New York · Decided September 28, 1938
255 A.D. 742; 6 N.Y.S.2d 926; 1938 N.Y. App. Div. LEXIS 4974
Claim of Benn v. Washburn Wise Co.

Opinion of the Court

This is a claimant’s appeal from a decision of the State Industrial Board dated January 19, 1937, disallowing his claim for workmen’s compensation on the ground that his disability is not causally related to Ms industrial accident. Claimant was allowed compensation for a bilateral herma resulting from an accident. He claims that he also suffered a back condition. TMs was diagnosed as a eongemtal pilonidal cyst which preexisted the alleged injury to the back. The medical evidence amply sustains the finding of the State Industrial Board of no causal relation. Decision unanimously affirmed. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ. [See 254 App. Div. 605.]

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