MATTER OF DE TORIO v. HILLS BROS. CO.


283 A.D. 758 (1954)

In the Matter of the Claim of Lawrence De Torio, Respondent, v. Hills Brothers Company et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 26, 1954.


Claimant suffered from an epigastric hernia as the result of heavy lifting. He was paid compensation, and was also operated on twice for relief from the condition, but there was a recurrence of the herniated condition each time. The proof is clear that he was disabled without the use of some support in the area where the hernia existed. Appellants' sole point is that if he wears a truss he can work, and therefore he was not disabled between certain periods which the award...

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