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MATTER OF THRALL v. AL TURNER EXCAVATING CONTRACTOR, INC.

77 A.D.2d 724 (1980)

In the Matter of the Claim of Evelyn Thrall, Respondent, v. Al Turner Excavating Contractor, Inc., et al., Appellants, Special Disability Fund, Respondent. Workers' Compensation Board, Respondent

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

July 17, 1980

Decedent, an extremely obese 52-year-old male, was employed as a heavy equipment operator. On December 8, 1975 he began work at 8:00 A.M., operating a 10-ton bulldozer and a 10-ton roller. It was necessary that he alternately climb down from one machine and mount the other in order to carry on his work activities. At about 3:30 P.M. decedent was found lying on the ground, with the 10-ton roller slowly moving away from his prone body. He died one hour later. Dr. Redmond testified...

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