Claim of Pasternack v. Federation of Jewish Charities

Majority

p. 621

In the Matter of the Claim of William Pasternack against Federation of Jewish Charities et al., Appellants. State Industrial Board, Respondent.

(Argued March 31, 1925;

decided May 5, 1925.)

Headnote

Workmen’s compensation — injury to office worker-from fall while walking across room.

Pasternack v. Federation of Jewish Charities, 211 App. Div. 826 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 2, 1924, affirming an award of the State Industrial Board made under the Workmen’s Compensation Law. Claimant, an accountant, in the employ of defendant federation, while walking from his desk to a steel file, fell, striking a desk and the floor and it is alleged that disability has resulted from the injuries received. Defendant contended that the claimant fell solely by reason of fainting or vertigo not caused by his work.

p. 622

William B. Davis and E. C. Sherwood for appellants.

Albert Ottinger, Attorney-General (E. C. Aiken of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Pound, Crane, Andrews and Lehman, JJ. Dissenting: His cock, Ch. J., and McLaughlin, J.