MATTER OF FEDUS v. ASSOCIATED WRECKERS, INC.


14 A.D.2d 637 (1961)

In the Matter of the Claim of John Fedus, Appellant, v. Associated Wreckers, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

August 1, 1961


While working on a demolition project, claimant was struck in the right eye by a piece of stone. All of the medical testimony conceded that claimant had a pre-existing condition described as "high myopia" (a colohoma of the optic disc and chorio-retinal patches in the retina). Claimant argues that having some vision in the eye prior to the accident, although it was conceded he was industrially blind, that he should receive 100% loss of the eye. While there was a difference...

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