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Matter of Nayor v. Harwick Trucking Corp.

Court of Appeals of the State of New York
Apr 26, 1940
27 N.E.2d 434 (N.Y. 1940)

Opinion

Submitted February 28, 1940

Decided April 26, 1940

Appeal from the Supreme Court, Appellate Division, Third Department.

George J. Hayes and Bernard Botein for appellant.

John J. Bennett, Jr., Attorney-General ( Roy Wiedersum of counsel), for State Industrial Board, respondent.


On November 27, 1937, the claimant, while driving an open motor truck in the course of his employment, suffered a right facial paralysis. There was expert testimony that the ailment was a disorder known to the medical profession as "Bell's palsy" and that it may be caused by exposure to cold air. The Board made an award for occupational disease upon a finding that the claimant's injury was caused by his exposure to draught, cold and wind necessitated by his employment.

Appellant carrier contends that the finding was precluded by the fact that on the occasion in question the temperature ranged from forty-four to forty-nine degrees. We may not assume that "Bell's palsy" cannot result from exposure to temperature of that degree. Disregarding the claimant's testimony as to a concomitant trauma (which the Board ignored), the evidence, we think, is sufficient to support the finding of occupational disease. ( Matter of Goldberg v. 954 Marcy Corp., 276 N.Y. 313. Cf. Matter of Lurye v. Stern Bros. Dept. Store, 275 N.Y. 182.)

The order should be affirmed, with costs.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ., concur.

Order affirmed.


Summaries of

Matter of Nayor v. Harwick Trucking Corp.

Court of Appeals of the State of New York
Apr 26, 1940
27 N.E.2d 434 (N.Y. 1940)
Case details for

Matter of Nayor v. Harwick Trucking Corp.

Case Details

Full title:In the Matter of the Claim of JEROME NAYOR, Respondent, against HARWICK…

Court:Court of Appeals of the State of New York

Date published: Apr 26, 1940

Citations

27 N.E.2d 434 (N.Y. 1940)
27 N.E.2d 434

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