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MATTER OF ZONA v. GEB & SOUHAN YARN CO.

24 A.D.2d 684 (1965)

In the Matter of the Claim of Vincent Zona, Respondent, v. Geb & Souhan Yarn Company et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

July 13, 1965

HAMM, J.

The claimant first sustained an injury in 1947. He was compensated for this injury and his case was closed. Because of subsequent intermittent pain the claimant in 1952 submitted to surgery for the removal of a causally related herniated disc. About February 1, 1958, the claimant was hired by the superintendent of the appellant employer. The superintendent took no history "as to his physical fitness as to his type of work" and assumed that "he...

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