MATTER OF MAGEN v. GREAT ATL. & PAC. TEA CO.


281 A.D. 931 (1953)

In the Matter of the Claim of Bernard Magen, Respondent, v. Great Atlantic and Pacific Tea Company et al., Appellants. Workmen's Compensation Board, Respondent

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

March 18, 1953.


A prior lump sum settlement which had been paid to claimant was rescinded and the carrier credited with this amount. While lifting a case of fruit claimant suffered an acute pain in the lower back region. It was thought by the physicians called to diagnose his case that he had a herniated disc and operative treatment was recommended. With the consent of the carrier an operation was performed but failed to reveal a protruding disc. It did, however, reveal a benign tumor known...

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