MATTER OF SLAVINSKA v. TOLSTOY FOUND. NURSING HOME


54 A.D.2d 808 (1976)

In the Matter of the Claim of Nadezda Slavinska, Respondent, v. Tolstoy Foundation Nursing Home et al., Appellants. Workmen's Compensation Board, Respondent

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

October 28, 1976


It is conceded that claimant, a cleaning woman, sustained a bilateral subdural hematoma and that she would be entitled to the compensation benefits awarded if this injury resulted from an industrial accident. The issue in dispute is whether the injury was caused when in March of 1971 she hit her head on a sink as she was cleaning the floor of the employer's premises or from a subsequent fall from bed and thus not in the course of employment. While the medical testimony and...

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