MATTER OF HAMMERSLEY v. WEINSTEIN


1 A.D.2d 711 (1955)

In the Matter of the Claim of Fred Hammersley, Appellant, v. Joseph Weinstein, Respondent. Workmen's Compensation Board, Respondent

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

December 23, 1955


Upon the evidence, the board could have found that the claimant had been struck only on the shoulder in the industrial accident and that there had been no trauma to his leg or thigh and, upon that finding, the board's conclusion that the occurrence did not aggravate or accelerate the Paget's disease was justified. There was evidence that Paget's disease sometimes causes spontaneous fractures. There was medical proof to support the view that the fracture of the claimant's...

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