MATTER OF ERNE v. RITTER CO.


17 A.D.2d 668 (1962)

In the Matter of the Claim of Clarence Erne, Respondent, v. Ritter Co. et al., Appellants, and Special Fund for Reopened Cases, Respondent. Workmen's Compensation Board, Respondent

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

July 2, 1962


Claimant worked for the employer as a foreman for many years. He had a series of injuries involving his back. On April 14, 1949 he picked up a die weighing 25 to 100 pounds and felt a sharp pain in his back; on November 18, 1949, when he lifted a die, he felt "something snap". There were further back pain and incidents in 1952 and 1954. Although there was no compensation claim filed, it is possible that the payment of wages by the employer might be found to constitute an...

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