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Minutes, November 1, 1933

What the doctor said the man came in and said

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that he got a traumatic hernia and he got it from carrying the woman upstairs,—but that doesn't make

it so.

Mr. Mann: That is all.

The Referee: Does that finish the case?

Mr. Mann: No, I would like to bring in the testimony of another physician who is now out of town. I am giving you this information. I would like to get the testimony of the other physician and also the testimony of the mother.

The Referee: Adjourned at the request of the claimant's attorney.

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Minutes, November 1, 1933
Dr. John J. O'Connor, for claimant, direct

412

Case No. 3225468

Hearing before the Industrial Board

Present

Bertrand W. Nye, Referee

Harriet Levison, Hearing Stenographer
Appearances
Compensation Service, Incorporated, 2 Lafayette

Street, New York, N. Y., J. L. Carney appearing

representing Claimant Samuel Kaltman, attorney for Employer and In

surance Carrier

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Witnesses-
Dr. John J. O'Connor, 3743 Eighty-eighth Street,

Jackson Heights, New York, N. Y.
Mrs. Charlotte Doyle, 96-08 Forty-second Street,

Corona, New York

DR. JOHN J. O'CONNOR, being duly sworn, testified for claimant as follows:

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Q. Doctor, are you licensed to practice in the State of New York? A. Yes, sir.

Q. Give the name of the institution you graduated from and year. A. Fordham University, 1916.

Q. Do you specialize, Doctor? A. No, general medicine, general practice.

Minutes, November 1, 1933
Dr. John J. O'Connor, for claimant, direct

415

Q. Any hospital connections ? A. Yes, sir, chief of the Medical Department, United States Marine Hospital, 67 Hudson Street; and associate visiting at St. John's Hospital, Long Island City.

Q. In the course of your practice, Doctor, did you have occasion to examine the deceased, William DeVellier, in this case? A. Yes, sir.

Q. When did you first see him, Doctor? A. May I refer to my card? (Refers to card) On November the 10th, 1932.

Q. Did you get a history from him, Doctor? A. Yes, sir.

Q. What was that history, please? A. William DeVellier, 96-08 Forty-second Avenue, Corona, Long Island, age twenty-four, theatre where he was working in Brooklyn was bombed September 5th and in assisting woman upstairs fell and injured right side; stated the theatre had cut the force so he could not get away. Do you want me to give my whole card ?

Q. Yes, if you will, Doctor. A. Examination showed a right inguinal hernia—

Q. Just a minute, Doctor; you made the examination, of course? A. Yes, sir.

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Q. What did you find on examination? A. A

right inguinal hernia.

Q. Was his disability at that time, Doctor, in your opinion a result of the injury as he described it to you? A. It could all right.

Mr. Kaltman: That is All right, it is answered.

Minutes, November 1, 1933
Dr. John J. O'Connor, for claimant, cross

418

Q. Was the accident as he described it to you, Doctor, a competent producing cause of the injury that he told in his history?

Mr. Kaltman: That has been answered, “It could be.”

Dr. O'Connor: It could be, yes.
Mr. Kaltman: It is leading, of course.

Mr. Carney: I don't see anything leading about that, if your Honor please.

The Referee: Go ahead, it has been answered.

Mr. Carney: Your diagnosis was a hernia, Doctor

Dr. O'Connor (Int'g): Right inguinal hernia.

Mr. Carney: Did you treat him for this condition, Doctor?

Dr. O'Connor: I advised him operation or truss.
Mr. Carney: That was September 5 examination ?

Dr. O'Connor: No, the accident happened September 5th, he came to me on the 10th of November, 1932.

Mr. Carney: I have no further questions.

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Cross-examination by Mr. Kaltman:

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Q. Dr. O'Connor, of course your opinion is based -your opinion that it could be is based entirely on the history that you received from him; is that right? A. Yes.

Q. And that history indicates to you that he fell and struck his right side? A. In carrying the woman he fell and injured himself, I don't know

Minutes, November 1, 1933
Dr. John J. O'Connor, for claimant, cross

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whether he struck his side or just strained himself.

Q. Oh, I see, you don't know that? A. He carried this woman when the bombing occurred and he slipped on the stairs and strained himself falling.

Q. If there was no evidence of slipping or falling, would your opinion still be the same? A. If he had a hernia at that time he could have aggravated it and it become worse.

Q. I am talking now of the history: If the history is not correct and there is no evidence that he slipped or fell, would you still be of the same opinion? A. There is usually a contributing accident.

Q. Would you still be of the same opinion if there is no evidence of slipping or falling? A. He was carrying a woman.

Mr. Carney: Don't answer that, please. I object to this line of questioning, Mr. Nye.

I don't see where we are getting the opinion on this line; he has already testified on the history as the deceased gave it to him.

Dr. O'Connor: I just gave it in the patient's own words.

The Referee: I understand. Overruled. By Mr. Kaltman:

Q. Now, will you please answer my question? A. In carrying it might have been caused by carrying her if she was a heavy woman, from the weight of the woman without even a fall.

Q. Do you know the weight of the woman? A. No.

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