MATTER OF PLUCINSKI v. LUNCHEONETTE


277 A.D. 803 (1950)

In the Matter of the Claim of Frances Plucinski, Appellant, v. Rores Luncheonette et al., Respondents. Workmen's Compensation Board, Respondent

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

May 3, 1950.


Decedent was employed as a dishwasher and counterman. During his lifetime he claimed to have sustained an accidental injury to the big toe of his left foot by dropping a garbage can thereon. Gangrene developed and incipient Berger's disease. He was given treatment and died as a result of pulmonary embolism. There was medical testimony to the effect that his death was directly attributable to the accident he claimed, and no medical opinion to the contrary. The referee found...

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