MATTER OF NUTIS v. SALOWAY'S REST.


16 A.D.2d 846 (1962)

In the Matter of the Claim of Ruth Nutis, Respondent, v. Saloway's Restaurant et al., Appellants. Workmen's Compensation Board, Respondent

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

May 4, 1962


Appellants challenge only the finding of accident and causal relation. Decedent was employed as a counterman in a restaurant. As a part of his duties he had to bring supplies up from the basement by means of a very narrow stairway with such a low ceiling that it was necessary to bend over in order to descend or ascend the steps. Decedent's shift had been changed about two weeks before July 8, 1958, so that he had to work a shift, described as more strenuous by coemployees...

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