MATTER OF SCOTT v. TOWN OF NORTH HEMPSTEAD


14 A.D.2d 946 (1961)

In the Matter of the Claim of James Scott, Respondent, v. Town of North Hempstead et al., Appellants. Workmen's Compensation Board, Respondent

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

November 16, 1961


The board's impartial specialist reported defects in the lumbar spine and, discussing certain of them, said that "herniated discs could explain these defects" and that, in regard to the time element, he could not "state definitely" whether his "findings" were "the result of the alleged accident of 1947 or 1954, as both alleged accidents could be a competent producing cause of the findings"; and, when testifying, said that either accident might have caused the disability or...

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