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CORNWELL v. ROCKWELL INT.

59 A.D.2d 475 (1977)

In the Matter of the Claim of Christina Cornwell, Respondent, v. Rockwell International et al., Appellants. Workmen's Compensation Board, Respondent

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

December 8, 1977

Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy & Knauf (John E. Knauf of counsel), for appellants.

Oot & Fallon for Christina Cornwell, respondent.

Louis J. Lefkowitz, Attorney-General (Harry Rackow and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

GREENBLOTT, J. P., and MAIN, J., concur with MIKOLL, J.; KANE and HERLIHY, JJ., dissent and vote to reverse in an opinion by HERLIHY, J.

MIKOLL, J.

Claimant commenced work as a packer for Rockwell International, manufacturer of portable electric hand tools, in October, 1972. Her job was to pack tools weighing from 4 to 25 pounds into boxes and to stack the boxes on a skid. In stapling the boxes, she used an air pressure stapling gun weighing approximately five pounds. In November, 1972 claimant began having difficulty with her right arm, experiencing...

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