Claim of De Simone v. Railway Express Agency, Inc.
Claim of De Simone v. Railway Express Agency, Inc.
272 A.D.2d 987
Opinion of the Court
Appeal by the self-insured employer from an award made to claimant for partial disability. Claimant was a truck driver. In company with another driver he delivered a trunk, weighing about two hundred pounds, to the third floor of an apartment in the city of New York. While so doing, and by reason of the strain involved, he suffered a pneumothorax which reactivated a pre-existing tuberculosis condition. There is evidence to sustain the finding of the board. Award affirmed, with costs to the Workmen’s Compensation Board. All concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.