Claim of Velazco v. St. Luke's Hospital
Opinion of the Court
Appeal by the employer and insurance carrier from awards of the Workmen’s Compensation Board which granted disability compensation to claimant. Appellants contend that there is no substantial evidence to support the finding of the board that claimant sustained an accident, and that the board improperly excused the failure of claimant to serve notice because the finding that the employer had knowledge of the accident was unsupported by evidence. Claimant was employed as a ward helper by the employer from April 17, 1948, to March 26, 1949. She testified that on November 17, 1948, she was taking a broken sterilizer to the engine room of the hospital for repairs. The sterilizer was moved by means of a table on wheels to a point where there was a descending ramp. From that point claimant carried the sterilizer without the aid of the table, and, while so doing, experienced a sharp pain in her back. She testified that the pain in her back and leg progressed until she finally had to cease work on March 26, 1949. Her injury was finally diagnosed as a lumbosacral sprain and a ruptured intervertebral disc, which was causally connected with the accident by medical testimony of doctors who treated her. There was evidence of previous difficulty with her back, and it appears that claimant did not give a history of the accident of November 17, 1948, to doctors until a
Case-law data current through December 31, 2025. Source: CourtListener bulk data.