Claim of Cann v. Half Moon Hotel

Appellate Division of the Supreme Court of New York

Claim of Cann v. Half Moon Hotel

283 A.D. 839, 129 N.Y.S.2d 76, 1954 N.Y. App. Div. LEXIS 5467

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

DecidedMarch 31, 1954

StatusPublished

This text of 283 A.D. 839 (Claim of Cann v. Half Moon Hotel) 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 Cann v. Half Moon Hotel, 283 A.D. 839, 129 N.Y.S.2d 76, 1954 N.Y. App. Div. LEXIS 5467 (N.Y. Ct. App. 1954).

Pincite

Opinion

Appeal by employer and carrier from an award of disability benefits by the Workmen’s Compensation Board, and filed June 19, 1952. Claimant sustained a retinal detachment in the left eye resulting in total loss of vision in that eye. He alleges that he sustained an accident on November 5, 1947, when he bumped his head against a pipe fitting while engaged in his employment as an engineer in a hotel. A claim for compensation was not filed until April 9, 1949. Appellants raise three questions: 1, accident; 2, notice; and 3, causal relation. While there is a sharp conflict of testimony bearing upon all three questions, the board has found that claimant sustained an industrial accident; that the employer had notice thereof shortly thereafter and was not prejudiced by the delay in filing; and that the resultant loss of sight in the eye was causally connected with the accident. There is evidence in the record to sustain all three findings and only questions of fact are presented. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpem and Imrie, JJ.

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Appeal by employer and carrier from an award of disability benefits by the Workmen’s Compensation Board, and filed June 19, 1952. Claimant sustained a retinal detachment in the left eye resulting in total loss of vision in that eye. He alleges that he sustained an accident on November 5, 1947, when he bumped his head against a pipe fitting while engaged in his employment as an engineer in a hotel. A claim for compensation was not filed until April 9, 1949. Appellants raise three questions: 1, accident; 2, notice; and 3, causal relation. While there is a sharp conflict of testimony bearing upon all three questions, the board has found that claimant sustained an industrial accident; that the employer had notice thereof shortly thereafter and was not prejudiced by the delay in filing; and that the resultant loss of sight in the eye was causally connected with the accident. There is evidence in the record to sustain all three findings and only questions of fact are presented. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpem and Imrie, JJ.

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Bluebook (online)

283 A.D. 839, 129 N.Y.S.2d 76, 1954 N.Y. App. Div. LEXIS 5467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-cann-v-half-moon-hotel-nyappdiv-1954.