Claim of Dalberth v. Iuppa & Battle Co.

Appellate Division of the Supreme Court of New York

Claim of Dalberth v. Iuppa & Battle Co.

237 A.D. 861

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

DecidedDecember 15, 1932

StatusPublished

This text of 237 A.D. 861 (Claim of Dalberth v. Iuppa & Battle 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 Dalberth v. Iuppa & Battle Co., 237 A.D. 861 (N.Y. Ct. App. 1932).

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Opinion

— Award affirmed, with costs to the State Industrial Board, the constitutional question presented having been considered and passed upon. Van Kirk, P. J., Hinman, Hill and Rhodes, JJ., concur; Crapser, J., dissents on the ground that the question of the amount of claimant’s compensation should be based upon his capacity to earn and not upon his actual wages, and that section 15, subdivision 5-a, of Workmen’s Compensation Law, in so far as it limits the Board’s authority, is unconstitutional.

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— Award affirmed, with costs to the State Industrial Board, the constitutional question presented having been considered and passed upon. Van Kirk, P. J., Hinman, Hill and Rhodes, JJ., concur; Crapser, J., dissents on the ground that the question of the amount of claimant’s compensation should be based upon his capacity to earn and not upon his actual wages, and that section 15, subdivision 5-a, of Workmen’s Compensation Law, in so far as it limits the Board’s authority, is unconstitutional.

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Bluebook (online)

237 A.D. 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-dalberth-v-iuppa-battle-co-nyappdiv-1932.