MATTER OF GIOSCIA v. WORKMEN'S COMP. BD.


28 A.D.2d 1067 (1967)

In the Matter of the Claim of Barbara Gioscia, Respondent, v. Workmen's Compensation Board et al., Appellants

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

October 31, 1967


AULISI, J.

Decedent was a Referee employed by the Workmen's Compensation Board to hear and determine compensation claims. On Monday morning, May 17, 1965, decedent lifted a number of file folders, representing all the cases to be heard by him that day, from a cart to the desk. These were usually sorted and placed by the clerk. The clerk estimated their weight to be 40 to 50 pounds and she testified that decedent complained about the heavy weight of the...

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