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MATTER OF GALLO v. TOWN OF ISLIP HIGHWAY DEP'T

1 A.D.2d 706 (1955)

In the Matter of the Claim of Rosina Gallo, Respondent, v. Town of Islip Highway Department et al., Appellants. Workmen's Compensation Board, Respondent

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

December 23, 1955

The sole issue is whether decedent sustained an accident within the meaning of the Workmen's Compensation Law. Decedent was employed as a highway maintenance man. He had returned to work, following a two-week vacation, on September 1, 1953. On September 4, 1953, he went to work at 7:30 A.M., and was engaged in cutting brush along the roadside. This involved swinging a "brush hook" weighing about five pounds by the use of both hands and arms. The weather was very hot and humid...

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