Claim of Dienske v. Tompkins

Appellate Division of the Supreme Court of New York

Claim of Dienske v. Tompkins

255 A.D. 735, 6 N.Y.S.2d 757, 1938 N.Y. App. Div. LEXIS 4953

Appellate Division of the Supreme Court of the State of New York·Decided September 21, 1938·Published

Opinion

Appeal by employer and insurance carrier from an award of the State Industrial Board in claimant's favor. The Board found that on August 16, 1936, while claimant was engaged in Ms regular occupation, and while proceeding to attend the hot water heater, he fell and sustained injuries and resultant disability for wMeh the award is made. The evidence sustains the findings. Award affirmed, with costs to the State Industrial Board. HUI, P. J., Crapser, Bliss and Heffeman, JJ., concur; Bhodes, J., dissents on the authority of Matter of Pisko v. Mintz (262 N. Y. 176).

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Appeal by employer and insurance carrier from an award of the State Industrial Board in claimant's favor. The Board found that on August 16, 1936, while claimant was engaged in Ms regular occupation, and while proceeding to attend the hot water heater, he fell and sustained injuries and resultant disability for wMeh the award is made. The evidence sustains the findings. Award affirmed, with costs to the State Industrial Board. HUI, P. J., Crapser, Bliss and Heffeman, JJ., concur; Bhodes, J., dissents on the authority of Matter of Pisko v. Mintz (262 N. Y. 176).

Claim of Dienske v. Tompkins, 255 A.D. 735, 6 N.Y.S.2d 757, 1938 N.Y. App. Div. LEXIS 4953 (N.Y. Ct. App. 1938).

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