Claim of Desmarais v. M. F. C. Shoring & Foundation Co.

Appellate Division of the Supreme Court of New York

Claim of Desmarais v. M. F. C. Shoring & Foundation Co.

264 A.D. 964, 37 N.Y.S.2d 170, 1942 N.Y. App. Div. LEXIS 5557

Appellate Division of the Supreme Court of the State of New York·Decided September 23, 1942·Published

Opinion

The employer and insurance carrier appeal from an award of the State Industrial Board granting disability compensation to claimant covering the period from February 21, 1941 to May 21, 1941. The State Industrial Board has found that claimant while engaged in the regular course of his employment and as he was about to enter a motor vehicle provided by his employer to transport him to work, was assaulted by four strikers, receiving injuries for which the award was made herein. There is ample evidence to sustain the findings and decision of the State Industrial Board, and the award should be affirmed. Award unanimously affirmed, with costs to the State Industrial Board. Present • — • Hill, P. J., Crapser, Heffernan, Sehenek and Foster, JJ.

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The employer and insurance carrier appeal from an award of the State Industrial Board granting disability compensation to claimant covering the period from February 21, 1941 to May 21, 1941. The State Industrial Board has found that claimant while engaged in the regular course of his employment and as he was about to enter a motor vehicle provided by his employer to transport him to work, was assaulted by four strikers, receiving injuries for which the award was made herein. There is ample evidence to sustain the findings and decision of the State Industrial Board, and the award should be affirmed. Award unanimously affirmed, with costs to the State Industrial Board. Present • — • Hill, P. J., Crapser, Heffernan, Sehenek and Foster, JJ.

Claim of Desmarais v. M. F. C. Shoring & Foundation Co., 264 A.D. 964, 37 N.Y.S.2d 170, 1942 N.Y. App. Div. LEXIS 5557 (N.Y. Ct. App. 1942).

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264 A.D. 964 (Claim of Desmarais v. M. F. C. Shoring & Foundation Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.