Kearney v. Shattuck

• Decision Date: 02 December 1960
• Citation: 207 N.Y.S.2d 722,12 A.D.2d 678
• Parties: Claim of Ann KEARNEY, Respondent, v. Frank SHATTUCK, Appellant. Workmen's Compensation Board, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 722

207 N.Y.S.2d 722

12 A.D.2d 678

Claim of Ann KEARNEY, Respondent, v. Frank SHATTUCK, Appellant. Workmen's Compensation Board, Respondent.

Supreme Court, Appellate Division, Third Department.

Dec. 2, 1960.

Bernard F. Farley, New York City, for appellant.

Louis J. Lefkowitz, Atty. Gen., for respondent (Roy Wiedersum and Harry Rackow, Asst. Attys. Gen., of counsel).

Before BERGAN, P. J., and COON, GIBSON, HERLIHY and REYNOLDS, JJ.

MEMORANDUM DECISION.

Appeal from a decision and award of the Workmen's Compensation Board.

Claimant worked in a restaurant and testified that on December 4, 1957 she wrenched her arm when she slipped on the floor while lifting or moving plates. There is some proof that on the following day claimant slipped and fell due to the pain in her arm. It is not entirely clear whether this slipping was on ice; but even if it were, claimant attributed it to the pain. 'She [physician in employer's medical department] sent me home in pain that I didn't know where I was going * * * I slipped when I was going home with the pain'. Medical examination later disclosed a dislocation of the shoulder joint. There is medical proof that both events, the...