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MATTER OF MEYER v. HOLLANDER & SON

285 A.D. 195 (1954)

In the Matter of the Claim of Fred Meyer, Respondent, v. A. Hollander & Son, Inc., et al., Appellants, and Employers Mutual Liability Insurance Company of Wisconsin, Respondent Workmen's Compensation Board, Respondent

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

December 28, 1954.

Attorney(s) appearing for the Case

John E. Knauf for appellants.

Joseph C. Spano for claimant-respondent.

Merton D. Meeker and Edward C. Halligan for Employers Mutual Liability Insurance Company of Wisconsin, respondent.

Nathaniel L. Goldstein, Attorney-General, for Workmen's Compensation Board, respondent.

FOSTER, P. J., HALPERN, IMRIE and ZELLER, JJ., concur.

BERGAN, J.

The controversy is between carriers. There is no doubt that there was an accident on February 21, 1946, when respondent Employers Mutual was on the risk. Claimant was struck by a pipe, fell and injured his shoulder and sustained a subdeltoid bursitis. On October 18, 1946, he suffered a strain shovelling coal which aggravated the pre-existing condition. The same carrier was then on the risk and no question...

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