MATTER OF TERRELL v. CARBORUNDUM CO.


92 A.D.2d 665 (1983)

In the Matter of the Claim of Joseph Terrell, Jr., Respondent, v. Carborundum Co., Appellant, and Special Disability Fund, Respondent. Workers' Compensation Board, Respondent

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

February 10, 1983


At the time claimant was hired by the employer herein, he was given a pre-employment physical examination which included X-ray examination of his chest and back, and a written report from the radiologists. That report to the employer disclosed a congenital back condition which limited claimant to clerical or light physical work. The employer's representative, who hired claimant, testified that he knew the X-ray findings were a bar or hindrance to heavy work and that absent...

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