Claim of Edwards v. Great Lakes Color Printing Co.
Opinion of the Court
Great Lakes Color Printing Company and its carrier appeal from a decision of the Workmen’s Compensation Board which determined that claimant sustained an accidental injury in the nature of a recurrent bilateral inguinal hernia while in the employ of Great Lakes, and charged 50% of awards for disability after October 6, 1955 to appellants and the other 50% to a previous employer and carrier. Claimant was accidentally injured on May 24, 1951 while in the employ of Metzger Construction Company. He suffered a fractured pubis and a bilateral inguinal hernia. Several operations for the repair of the original and recurrent hemiae were performed, the last in January, 1955. On June 6, 1955, claimant went to work for Great Lakes, appellant-employer, as a janitor. As a part of his duties he was required to collect waste paper, place it in a baler, and compress it into bales by means of exerting pressure upon a lever. On October 6, 1955, claimant stopped work because of disability due to recurrence of a right hernia. He filed a claim for compensation against Great Lakes on October 22, 1955, in which he stated: “While working, compressing paper into bales, developed a recurrence of old repaired rt. hernia.” He gave the date of the accident as October 6, 1955. Claimant attached a rider to his claim in which he stated in substance, that he felt the recurrence was due to the old accident while in the employ of Metzger, because he had continual trouble since that time and that he was filing the claim against Great Lakes because a doctor told him this hernia was due to his work at Great Lakes. However, the claimant’s opinion or claim as to the cause of his disability is not necessarily controlling. (Matter of Daniels v. Costick & Son, 4 A D 2d 896.) The record contains a report of the attending
Case-law data current through December 31, 2025. Source: CourtListener bulk data.