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Claim of De Simone v. Railway Express Agency, Inc.

272 A.D.2d 987 Court N.Y. App. Div. Decision date 1947-09-17 English

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p. 987
In the Matter of the Claim of Antonio De Simone, Respondent, against Railway Express Agency, Inc., Appellant. Workmen’s Compensation Board, Respondent.

Appeal by the self-insured employer from an award made to claimant for partial disability. Claimant was a truck driver. In company with another driver he delivered a trunk, weighing about two hundred pounds, to the third floor of an apartment in the city of New York. While so doing, and by reason of the strain involved, he suffered a pneumothorax which reactivated a pre-existing tuberculosis condition. There is evidence to sustain the finding of the board. Award affirmed, with costs to the Workmen’s Compensation Board. All concur.