MATTER OF NATOLI v. SMITH CORONA MARCHANT CORP.


39 A.D.2d 995 (1972)

In the Matter of the Claim of Joseph J. Natoli, Respondent, v. Smith Corona Marchant Corp. et al., Appellants. Workmen's Compensation Board, Respondent

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

June 29, 1972


On August 15, 1968 claimant, an electrician, fell, while at work, striking the back of his head on the floor. A crucial issue in this case was whether claimant was working on a ladder or standing on the floor when he fell. The evidence that claimant was on a ladder came from claimant's claim for compensation, but at a hearing he could not remember if he had been on a ladder and the medical histories make no mention of his being on any ladder. Allegedly there were two co-workers...

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