Claim of Bensen v. E. B. Badger & Sons Co.

Appellate Division of the Supreme Court of New York

Claim of Bensen v. E. B. Badger & Sons Co.

261 A.D. 860, 24 N.Y.S.2d 782, 1941 N.Y. App. Div. LEXIS 7798

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

DecidedJanuary 15, 1941

StatusPublished

This text of 261 A.D. 860 (Claim of Bensen v. E. B. Badger & Sons Co.) 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 Bensen v. E. B. Badger & Sons Co., 261 A.D. 860, 24 N.Y.S.2d 782, 1941 N.Y. App. Div. LEXIS 7798 (N.Y. Ct. App. 1941).

Pincite

Opinion

Appeal by employer and insurance carrier from an award of death benefits made by the State Industrial Board to the widow and minor children of a deceased employee. Decedent was a steamfitter’s helper. While engaged in his employment he struck his head against an overhanging pipe. There is evidence to indicate that the blow was rather severe. He complained of being dizzy and thereafter suffered headaches. Subsequently he had convulsions and was removed to a hospital, where he died of a subarachnoid hemorrhage of the brain, sixteen days after the accident. There is substantial medical testimony both ways on the issue of whether decedent died as a result of an injury sustained in the accident. We may not weigh such testimony and the alleged irregularities in connection therewith do not appear substantial. On the question of notice there is evidence to sustain the finding that the employer had actual knowledge of the accident and injury within the statutory period, and also actual knowledge of death. The Board has found that the employer was not prejudiced by the failure to give written notice of injury and written notice of death. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffeman and Poster, JJ.

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Appeal by employer and insurance carrier from an award of death benefits made by the State Industrial Board to the widow and minor children of a deceased employee. Decedent was a steamfitter’s helper. While engaged in his employment he struck his head against an overhanging pipe. There is evidence to indicate that the blow was rather severe. He complained of being dizzy and thereafter suffered headaches. Subsequently he had convulsions and was removed to a hospital, where he died of a subarachnoid hemorrhage of the brain, sixteen days after the accident. There is substantial medical testimony both ways on the issue of whether decedent died as a result of an injury sustained in the accident. We may not weigh such testimony and the alleged irregularities in connection therewith do not appear substantial. On the question of notice there is evidence to sustain the finding that the employer had actual knowledge of the accident and injury within the statutory period, and also actual knowledge of death. The Board has found that the employer was not prejudiced by the failure to give written notice of injury and written notice of death. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffeman and Poster, JJ.

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Bluebook (online)

261 A.D. 860, 24 N.Y.S.2d 782, 1941 N.Y. App. Div. LEXIS 7798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-bensen-v-e-b-badger-sons-co-nyappdiv-1941.