MATTER OF CURATOLA v. BOULEVARD GARDENS HOUS. CORP.


48 A.D.2d 717 (1975)

In the Matter of Francesco Curatola, Respondent, v. Boulevard Gardens Housing Corporation et al., Appellants. Workmen's Compensation Board, Respondent

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

May 1, 1975


In both the original decision and the decision as amended, the board adopted the claimant's testimony that, on February 7, 1971, the claimant had been engaged in breaking a concrete sidewalk with a 16-pound sledge hammer and removing such pieces from a certain area, when he felt a pain in his back. The appellants did not contest the fact that the claimant had performed such work activities on or about the date alleged. Thereafter, the claimant consulted with two doctors who...

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