MATTER OF KEARNEY v. SHATTUCK


12 A.D.2d 678 (1960)

In the Matter of the Claim of Ann Kearney, Respondent, v. Frank Shattuck, Appellant. Workmen's Compensation Board, Respondent

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

December 2, 1960


Claimant worked in a restaurant and testified that on December 4, 1957 she wrenched her arm when she slipped on the floor while lifting or moving plates. There is some proof that on the following day claimant slipped and fell due to the pain in her arm. It is not entirely clear whether this slipping was on ice; but even if it were, claimant attributed it to the pain. "She [physician in employer's medical department] sent me home in pain that I didn't know where I was going...

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