Claim of Bach v. Hampden Sales Association, Inc.

Appellate Division of the Supreme Court of New York

Claim of Bach v. Hampden Sales Association, Inc.

271 A.D.2d 1036

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

DecidedMarch 5, 1947

StatusPublished

This text of 271 A.D.2d 1036 (Claim of Bach v. Hampden Sales Association, Inc.) 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.

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Claim of Bach v. Hampden Sales Association, Inc., 271 A.D.2d 1036 (N.Y. Ct. App. 1947).

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Opinion

Appeal by an employer and insurance carrier from awards and decisions of former State Industrial Board and the Workmen’s Compensation Board which awarded claimant permanent partial disability compensation and denied appellants’ application for a review and rehearing in the matter of employer identification. A prior award in this matter was before this court upon a formal appeal and the facts peculiar to claimant’s employee relationship when injured are there reported. (See Matter of Bach v. Hampden Sales Association, Inc., 266 App. Div. 645, affd. 293 N. Y. 847.)’ Those decisions sanction the awards and decisions here appealed from. Such equities as may now exist in favor of appellants and against the New Jersey employer and its insurance carrier were beyond the reach of the jurisdiction of the board since it was not shown that claimant had received any compensation under the New Jersey Act in addition to the initial' award thereunder, the equity arising from which was recognized and enforced in the prior litigation. Awards and decisions affirmed, with costs to respondents the Travelers Insurance Company and F. W. Woolworth Co. All concur. [See 272 App. Div. 842.]

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Appeal by an employer and insurance carrier from awards and decisions of former State Industrial Board and the Workmen’s Compensation Board which awarded claimant permanent partial disability compensation and denied appellants’ application for a review and rehearing in the matter of employer identification. A prior award in this matter was before this court upon a formal appeal and the facts peculiar to claimant’s employee relationship when injured are there reported. (See Matter of Bach v. Hampden Sales Association, Inc., 266 App. Div. 645, affd. 293 N. Y. 847.)’ Those decisions sanction the awards and decisions here appealed from. Such equities as may now exist in favor of appellants and against the New Jersey employer and its insurance carrier were beyond the reach of the jurisdiction of the board since it was not shown that claimant had received any compensation under the New Jersey Act in addition to the initial' award thereunder, the equity arising from which was recognized and enforced in the prior litigation. Awards and decisions affirmed, with costs to respondents the Travelers Insurance Company and F. W. Woolworth Co. All concur. [See 272 App. Div. 842.]

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271 A.D.2d 1036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-bach-v-hampden-sales-association-inc-nyappdiv-1947.

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