Claim of Bales v. Post Service Station

Appellate Division of the Supreme Court of New York

Claim of Bales v. Post Service Station

277 A.D.2d 818

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

DecidedMay 10, 1950

StatusPublished

This text of 277 A.D.2d 818 (Claim of Bales v. Post Service Station) 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 Bales v. Post Service Station, 277 A.D.2d 818 (N.Y. Ct. App. 1950).

Pincite

Opinion

Appeal by employer and carrier from a decision of the Workmen’s Compensation Board directing the carrier to remit $500 to the claimant. Claimant was awarded the sum of $2,500 for serious facial disfigurement, and the award was paid by the carrier. Because of a violation of the Labor Law a [819]*819like award was made against the employer. The employer, however, obtained a review, and the amount of the award against the employer was reduced to $2,000. Subsequently, a schedule award was made to claimant for another injury, amounting' to $780. The carrier, without authorization, deducted from this award the sum of $500 which it claims was an overpayment on the previous award. This procedure is unauthorized, and the board properly directed remittance of the additional $500 to the claimant. Decision unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Heffernan, Deyo, Bergan and Coon, JJ. [See post, p. 913.]

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by employer and carrier from a decision of the Workmen’s Compensation Board directing the carrier to remit $500 to the claimant. Claimant was awarded the sum of $2,500 for serious facial disfigurement, and the award was paid by the carrier. Because of a violation of the Labor Law a [819]*819like award was made against the employer. The employer, however, obtained a review, and the amount of the award against the employer was reduced to $2,000. Subsequently, a schedule award was made to claimant for another injury, amounting' to $780. The carrier, without authorization, deducted from this award the sum of $500 which it claims was an overpayment on the previous award. This procedure is unauthorized, and the board properly directed remittance of the additional $500 to the claimant. Decision unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Heffernan, Deyo, Bergan and Coon, JJ. [See post, p. 913.]

Cite This Page — Counsel Stack

Bluebook (online)

277 A.D.2d 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-bales-v-post-service-station-nyappdiv-1950.