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Claim of Cartenuto v. McConnell & Co.

254 A.D. 612 Court N.Y. App. Div. Decision date 1938-03-16 English

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p. 612
In the Matter of the Claim of Frank Cartenuto, Respondent, against McConnell & Company, Inc., and Utica Mutual Insurance Company, Appellants. State Industrial Board, Respondent.

Claimant suffered an industrial injury to his foot; in addition thereto he suffered from osteomyelitis in his foot. The doctors advised amputation of the foot; the claimant has declined to follow their advice. Whether or not this was reasonable was a question of fact to be determined by the State Industrial Board. The injury to the foot wholly incapacitates the claimant, and confines him to his bed. This does not constitute a schedule loss, and may as a matter of fact result in total disability. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.