MATTER OF CUNNINGHAM v. NEISNER BROS., INC.


9 A.D.2d 965 (1959)

In the Matter of the Claim of Edith Cunningham, Respondent, v. Neisner Brothers, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

December 10, 1959


Claimant was first employed in August of 1953 as a sales clerk in a retail variety store. Her duties also required her to restock counters and arrange merchandise displays. She had a pre-existing back condition diagnosed as a spondylolisthesis and underwent surgery in October of 1951 for the purpose of effecting a spinal fusion. This condition was known to the employer when she was hired. Between August, 1953 and January, 1954 she was out of work for about 10 days due to...

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