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MTR. OF WALTERS v. U. S. VITAMIN CORP.

11 A.D.2d 280 (1960)

In the Matter of the Claim of Edward J. Walters, Respondent, v. U. S. Vitamin Corporation et al., Appellants, and Baxter Laboratories et al., Respondents, and Special Funds Conservation Committee, Respondent

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

July 27, 1960.

Attorney(s) appearing for the Case

Bliss & Bouck (F. Walter Bliss of counsel), for appellants.

Finn, Rebecchi, Winnie & Matis for claimant-respondent.

Jacques Smit for Baxter Laboratories and another, respondents.

J. M. Cullen for Special Funds Conservation Committee, respondent.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

COON and GIBSON, JJ., concur with BERGAN, P. J.; HERLIHY, J., dissents and votes to reverse and remit, in a memorandum; REYNOLDS, J., dissents and votes to reverse and dismiss the claim.

BERGAN, P. J.

Claimant, who is diabetic, sustained an injury to his right foot in August, 1954 while employed as a medical service representative by respondent Baxter Laboratories, Inc., which is engaged in the drug business. The second toe of this foot became infected; he was given hospital and further medical treatment, but the toe remained somewhat discolored and he had continuing pain in various degrees in...

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