Appellate Division of the Supreme Court of New York, 1947

Claim of De Simone v. Railway Express Agency, Inc.

Claim of De Simone v. Railway Express Agency, Inc.
Appellate Division of the Supreme Court of New York · Decided September 17, 1947
272 A.D.2d 987
Claim of De Simone v. Railway Express Agency, Inc.

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.

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