Summary
In Matter of Cartenuto v. McConnell Co. (254 App. Div. 612) claimant sustained extensive injuries to his foot and had a pre-existing osteomyelitis.
Summary of this case from Matter of Clara v. Hartsdale Coal CompanyOpinion
March 16, 1938.
Present — Hill, P.J., Rhodes, McNamee, Crapser and Heffernan, JJ.
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.