New York Court of Appeals, 1971

Claim of Zimmerman v. Akron Falls Park

New York Court of Appeals · Decided November 18, 1971

29 N.Y.2d 815; 277 N.E.2d 668; 327 N.Y.S.2d 652; 1971 N.Y. LEXIS 954

Cases that cite this one

6 later published cases cite this decision.

The Matter of the Claim of Thomas Johnson v. City of New York , The Matter of the Claim of Joseph D. Liuni v. Gander Mountain (N.Y. 2022)
The Matter of the Claim of Thomas Johnson v. City of New York , The Matter of the Claim of Joseph D. Liuni v. Gander Mountain (N.Y. 2022)
Matter of Deck v. Dorr (Appellate Division of the Supreme Court of New York 2017)
Matter of Covington v. New York City Dept. of Corr. (Appellate Division of the Supreme Court of New York 2020)
Claim of Pellegrino v. Textile Prints Corp. (Appellate Division of the Supreme Court of New York 1981)
Claim of Bazzano v. John Ryan & Sons (Appellate Division of the Supreme Court of New York 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order reversed, with costs against the respondents employer and Fund, and the decision of the Workmen’s Compensation Board reinstated in a memorandum: There was substantial medical evidence that claimant suffered a 50% loss of use of his arm attributable solely to the 1967 accident, and this the board properly found, ‘ ‘ in view of the restricted motion of the left shoulder and in spite of the prior left forearm amputation”. Thus, as the dissenters at the Appellate Division correctly concluded : ‘ ‘ The record clearly indicates that the award made to claimant was limited only to the injury caused by the 1967 accident. Claimant’s 1924 accident did not affect his left shoulder which was injured in the 1967 accident causing the 50% loss of use of the left arm.” (See Workmen’s Compensation Law, § 15, subd. 7.)

Concur: Chief Judge Fuld and Judges Burke, Bergan, Breital and Gibson. Judges Scileppi and Jasen dissent and vote to affirm on the opinion at the Appellate Division.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.