Appellate Division of the Supreme Court of the State of New York November 17, 1964 (Claim of Flanigan v. John Hancock Mutual Life Insurance)

Per Curiam.

Appeal by insurance carrier from a decision of the Workmen’s Compensation Board which affirmed an award for disability benefits under the Disability Benefits Law (Workmen’s Compensation Law, art. 9). Claimant, Donald R. Flanigan, strained his back pulling up a root while building a patio. The injury was nonoceupational in nature and he was disabled exactly seven days.