MATTER OF HEMPHILL v. PRESBYTERIAN HOSP.


27 A.D.2d 600 (1966)

In the Matter of the Claim of Clevester Hemphill, Respondent, v. Presbyterian Hospital et al., Appellants. Workmen's Compensation Board, Respondent

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

December 23, 1966


REYNOLDS, J.

Appellants dispute the board's findings that claimant, a pot washer, sustained an accidental back injury while lifting a heavy pot of soup in May of 1961, that causal relationship exists between that accident and claimant's subsequent back condition and that the claim was not barred by section 28 of the Workmen's Compensation Law. At best we find factual issues, primarily questions of credibility, with respect to the occurrence of an industrial...

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