Appellate Division of the Supreme Court of New York, 1940

Claim of Shades v. McCloskey & Co.

Claim of Shades v. McCloskey & Co.
Appellate Division of the Supreme Court of New York · Decided March 13, 1940
259 A.D. 766; 18 N.Y.S.2d 297; 1940 N.Y. App. Div. LEXIS 6580
Claim of Shades v. McCloskey & Co.

Opinion of the Court

Claimant suffered a hernia on February 24, 1938, as the result of an industrial accident while working for the employer. A physician diagnosed the condition on February 26th, prescribed and recommended an operation. Claimant consented. Appellants failed to provide this necessary and proper medical and surgical attention until May 27th. During this period claimant was unable to work. The proof sustains the award for total disability from February 24th to May 27th, 1938. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.

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