Claim of Clarkson v. Schmukler

Appellate Division of the Supreme Court of New York

Claim of Clarkson v. Schmukler

251 A.D. 768, 295 N.Y.S. 588, 1937 N.Y. App. Div. LEXIS 7432

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

DecidedMay 12, 1937

StatusPublished

This text of 251 A.D. 768 (Claim of Clarkson v. Schmukler) 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 Clarkson v. Schmukler, 251 A.D. 768, 295 N.Y.S. 588, 1937 N.Y. App. Div. LEXIS 7432 (N.Y. Ct. App. 1937).

Pincite

Opinion

Claimant injured her foot. The injury lighted up a dormant diabetic condition which caused gangrene, necessitating the amputation of her right leg. The same infection caused total blindness. The Board was justified in excusing the delay in giving notice of injury and notice of claim. Award modified by directing that payments continue during disability rather than “ for the remainder of her life.” Award as so modified is unanimously affirmed, with costs to the State Industrial Board. Present •—• Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

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Claimant injured her foot. The injury lighted up a dormant diabetic condition which caused gangrene, necessitating the amputation of her right leg. The same infection caused total blindness. The Board was justified in excusing the delay in giving notice of injury and notice of claim. Award modified by directing that payments continue during disability rather than “ for the remainder of her life.” Award as so modified is unanimously affirmed, with costs to the State Industrial Board. Present •—• Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

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Bluebook (online)

251 A.D. 768, 295 N.Y.S. 588, 1937 N.Y. App. Div. LEXIS 7432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-clarkson-v-schmukler-nyappdiv-1937.