MATTER OF PESSEL v. R. H. MACY & CO., INC.


40 A.D.2d 746 (1972)

In the Matter of the Claim of Miriam Pessel, Respondent, v. R. H. Macy & Co., Inc., et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 26, 1972


The board found that claimant had sustained an industrial accident resulting in myositis of the cervical spine. The board further found that "claimant worked in an area where the air conditioning ducts expelled cold air that created draughts that struck claimant's neck activating an underlying arthritic condition and produced symptoms and constitutes an accidental injury arising out of and in the course of employment". Appellant urges that this case lacks that element of...

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