MATTER OF TRACEY v. TANTALO


19 A.D.2d 672 (1963)

In the Matter of the Claim of Earl Tracey, Respondent, v. Dominic Tantalo et al., Appellants. Workmen's Compensation Board, Respondent

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

June 27, 1963


A report by Dr. James A. Elkins, who examined the claimant on behalf of the appellants, advised that the claimant did not have a ruptured disc — as described by claimant's doctor — but that he suffered an aggravation of pre-existing arthritis, which resulted in a 50% permanent partial disability. The doctor was not called to testify and the report is not controverted by any evidence in the record. An impartial specialist also testified that claimant was suffering...

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