MATTER OF MURPHY v. SEITZ & MADER


278 A.D. 622 (1951)

In the Matter of the Claim of Edward Murphy, Respondent, v. Seitz & Mader et al., Appellants. Workmen's Compensation Board, Respondent

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

January 16, 1951.


The sole question on this appeal is whether or not claimant sustained an accident. The employer was engaged in the plastering and lathing business and claimant was a metal lather. The Workmen's Compensation Board found that on December 19, 1947, while claimant was engaged in the regular course of his employment, he lifted a heavy plank weighing about eighty pounds over his head to build a scaffold and that due to unusual extra exertion, strain and effort he sustained accidental...

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