Claim of Chaney v. George Campbell & Co.

Appellate Division of the Supreme Court of New York

Claim of Chaney v. George Campbell & Co.

5 A.D.2d 704, 168 N.Y.S.2d 796, 1957 N.Y. App. Div. LEXIS 3492

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

DecidedDecember 19, 1957

StatusPublished

This text of 5 A.D.2d 704 (Claim of Chaney v. George Campbell & 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 Chaney v. George Campbell & Co., 5 A.D.2d 704, 168 N.Y.S.2d 796, 1957 N.Y. App. Div. LEXIS 3492 (N.Y. Ct. App. 1957).

Pincite

Opinion

Appeal from a decision and award of the Workmen’s Compensation Board. The deceased was killed in an industrial accident. He was survived by a dependent wife and by three dependent step-grandehildren. An award has been made for the benefit of these step-grandchildren as well as for the wife. In our view the statute fits the ease. A “ child ” says the definition to be found in subdivision 11 of section 2 of the Workmen’s Compensation Law “ shall include * * * a step-child ”. The provisions of section 16 authorize an award of death benefits “for the support of grandchildren * ⅜ * if dependent upon the deceased.” The definitive statute does not limit itself to a child of an injured employee or a dependent child of a deceased employee. It defines “ child ” generally for the purposes of this statute and sweeps within the definition terms including combinations in which “ child ” is used. The word thus defined is a component part of the term “grand child” a particular class of child. If the class includes generally a step-child, we think the board was right in ruling these dependent step-grandchildren entitled to benefits. Award unanimously affirmed, with costs to the Workmen’s Compensation Board.

Present-— Foster, P. J., Bergan, Coon, Halpern and Gibson, JJ.

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Appeal from a decision and award of the Workmen’s Compensation Board. The deceased was killed in an industrial accident. He was survived by a dependent wife and by three dependent step-grandehildren. An award has been made for the benefit of these step-grandchildren as well as for the wife. In our view the statute fits the ease. A “ child ” says the definition to be found in subdivision 11 of section 2 of the Workmen’s Compensation Law “ shall include * * * a step-child ”. The provisions of section 16 authorize an award of death benefits “for the support of grandchildren * ⅜ * if dependent upon the deceased.” The definitive statute does not limit itself to a child of an injured employee or a dependent child of a deceased employee. It defines “ child ” generally for the purposes of this statute and sweeps within the definition terms including combinations in which “ child ” is used. The word thus defined is a component part of the term “grand child” a particular class of child. If the class includes generally a step-child, we think the board was right in ruling these dependent step-grandchildren entitled to benefits. Award unanimously affirmed, with costs to the Workmen’s Compensation Board.

Present-— Foster, P. J., Bergan, Coon, Halpern and Gibson, JJ.

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Bluebook (online)

5 A.D.2d 704, 168 N.Y.S.2d 796, 1957 N.Y. App. Div. LEXIS 3492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-chaney-v-george-campbell-co-nyappdiv-1957.