MATTER OF SMITH v. PFAUDLER CO., DIV. OF SYBRON CORP.


58 A.D.2d 902 (1977)

In the Matter of the Claim of Louise Smith, Respondent, v. Pfaudler Co., Division of Sybron Corporation, et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

July 7, 1977


Claimant's husband was killed in the course of his employment when struck by a forklift towmotor. He was blind in the right eye and deaf in the right ear, both handicaps resulting from a prior industrial accident. When last seen prior to the accident, he had his head turned to the right while the truck that caused his death approached from his left. It is appellants' contention that his physical limitations compelled him to adopt such a posture. The board has affirmed a referee...

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