Appellate Division of the Supreme Court of New York, 1944

Claim of Lynch v. National Automotive Fibres, Inc.

Claim of Lynch v. National Automotive Fibres, Inc.
Appellate Division of the Supreme Court of New York · Decided January 19, 1944
267 A.D. 844; 45 N.Y.S.2d 812; 1944 N.Y. App. Div. LEXIS 5072
Claim of Lynch v. National Automotive Fibres, Inc.

Opinion of the Court

Appeal from an award of disability compensation made by the State Industrial Board under the Workmen’s Compensation Law. Appellants claim that error was committed in the reception of a written statement of the attending physician then serving in the Army and not available as a witness, although he had been previously sworn. The evidence sustains the award without this statement and the error, if any, was harmless. Furthermore, the carrier asked that this physician’s C-4 medical report be obtained and filed. Award affirmed, with costs to the State Industrial Board. Hill, P. J., Bliss, Heffernan and Sehenck, JJ., concur.

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