Claim of Cady v. Syracuse Cold Storage Co.

Appellate Division of the Supreme Court of New York

Claim of Cady v. Syracuse Cold Storage Co.

249 A.D. 901, 292 N.Y.S. 748, 1937 N.Y. App. Div. LEXIS 10105

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

DecidedJanuary 20, 1937

StatusPublished

This text of 249 A.D. 901 (Claim of Cady v. Syracuse Cold Storage 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 Cady v. Syracuse Cold Storage Co., 249 A.D. 901, 292 N.Y.S. 748, 1937 N.Y. App. Div. LEXIS 10105 (N.Y. Ct. App. 1937).

Pincite

Opinion

Appeal from a decision of the State Industrial Board made on June 2, 1936, pursuant to the Workmen’s Compensation Law, that the insurance carrier is liable for medical treatment of claimant. The employee was injured on January 8,1926, by striking her left breast against a safe door. The period of disability suffered by her was less than seven days, but she required further medical attention and treatment. At a hearing on February 15, 1927, the referee held: “ Mo lost time in the case. Close. Continue medical.” Claimant received medical examinations periodically from June 22, 1931, apparently not through the employer or carrier. The medical evidence shows that claimant is now suffering from chronic mastitis, periodical examinations are advisable, claimant is working and able to continue. Appellants contend that the case was not open and pending on April 24, 1933, and that any payment of compensation or medical expenses should be made out of the special fund under section 25-a of the Workmen’s Compensation Law. Decision and award unanimously affirmed, with costs to the State Industrial Board. Present—Hill, P. J., Rhodes, McMamee, Bliss and Heffernan, JJ.

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Appeal from a decision of the State Industrial Board made on June 2, 1936, pursuant to the Workmen’s Compensation Law, that the insurance carrier is liable for medical treatment of claimant. The employee was injured on January 8,1926, by striking her left breast against a safe door. The period of disability suffered by her was less than seven days, but she required further medical attention and treatment. At a hearing on February 15, 1927, the referee held: “ Mo lost time in the case. Close. Continue medical.” Claimant received medical examinations periodically from June 22, 1931, apparently not through the employer or carrier. The medical evidence shows that claimant is now suffering from chronic mastitis, periodical examinations are advisable, claimant is working and able to continue. Appellants contend that the case was not open and pending on April 24, 1933, and that any payment of compensation or medical expenses should be made out of the special fund under section 25-a of the Workmen’s Compensation Law. Decision and award unanimously affirmed, with costs to the State Industrial Board. Present—Hill, P. J., Rhodes, McMamee, Bliss and Heffernan, JJ.

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Bluebook (online)

249 A.D. 901, 292 N.Y.S. 748, 1937 N.Y. App. Div. LEXIS 10105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-cady-v-syracuse-cold-storage-co-nyappdiv-1937.