MATTER OF SPASIANO v. EMPIRE CITY IRON WORKS


72 A.D.2d 663 (1979)

In the Matter of the Claim of Joseph Spasiano, Respondent, v. Empire City Iron Works et al., Appellants, and Special Fund Conservation Committee, Respondent. Workers' Compensation Board, Respondent

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

October 25, 1979


Claimant was hired by the employer as a mechanic on September 27, 1974. On his application for the job, he stated he had stomach surgery for ulcers in 1960. Claimant had a second operation in 1965, consisting of a subtotal gastrectomy which involved removal of 70% of claimant's stomach. On November 14, 1974, claimant turned a piece of iron at work and felt pain in the low back. He was treated with traction for 30 days, without relief. Claimant returned to work in May, 1975...

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