Claim of Augustine v. Grumman Aircraft Engineering Corp.

Appellate Division of the Supreme Court of New York

Claim of Augustine v. Grumman Aircraft Engineering Corp.

277 A.D.2d 821

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 10, 1950

StatusPublished

This text of 277 A.D.2d 821 (Claim of Augustine v. Grumman Aircraft Engineering Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Augustine v. Grumman Aircraft Engineering Corp., 277 A.D.2d 821 (N.Y. Ct. App. 1950).

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Opinion

Appeal by employer and insurance carrier from a decision and award of the Workmen’s Compensation Board granting claimant compensation for a period of disability. Appellants urge that no claim for compensation was filed until more than five years had elapsed following the date of the accident. The board found, however, that the employer had made advance payments of compensation and, therefore, claimant was not barred by failure to file a written claim within the statutory period. We cannot say as a matter of law that there is no evidence to sustain the determination of the board. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.

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Appeal by employer and insurance carrier from a decision and award of the Workmen’s Compensation Board granting claimant compensation for a period of disability. Appellants urge that no claim for compensation was filed until more than five years had elapsed following the date of the accident. The board found, however, that the employer had made advance payments of compensation and, therefore, claimant was not barred by failure to file a written claim within the statutory period. We cannot say as a matter of law that there is no evidence to sustain the determination of the board. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.

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Bluebook (online)

277 A.D.2d 821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-augustine-v-grumman-aircraft-engineering-corp-nyappdiv-1950.