Claim of Erb v. Sheffield Farms Co.

Appellate Division of the Supreme Court of New York

Claim of Erb v. Sheffield Farms Co.

272 A.D.2d 1082

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

DecidedNovember 12, 1947

StatusPublished

This text of 272 A.D.2d 1082 (Claim of Erb v. Sheffield Farms 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 Erb v. Sheffield Farms Co., 272 A.D.2d 1082 (N.Y. Ct. App. 1947).

Pincite

Opinion

Appeal by the Sheffield Farms Company, Inc., a self-insured employer, from an award of compensation made by the Workmen’s Compensation Board for various periods of disability from January 21, 1938, to March 25, 1940. [1083]*1083Claimant was exposed to cold and dampness, and varying temperature conditions, over a period of many years while employed in a dairy plant. He became afflicted with articular rheumatism, from which he eventually became disabled. The board has found his affliction to be an occupational disease. There is medical testimony to support this finding. The hoard also excused claimant’s failure to file a claim for compensation within the statutory period on the grounds that the employer had actual notice, made advance payments of compensation by way of medical treatment, and was not prejudiced by such failure. We cannot say that there is no evidence to sustain the board’s findings in these respects. Award affirmed, with costs to the Workmen’s Compensation Board. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by the Sheffield Farms Company, Inc., a self-insured employer, from an award of compensation made by the Workmen’s Compensation Board for various periods of disability from January 21, 1938, to March 25, 1940. [1083]*1083Claimant was exposed to cold and dampness, and varying temperature conditions, over a period of many years while employed in a dairy plant. He became afflicted with articular rheumatism, from which he eventually became disabled. The board has found his affliction to be an occupational disease. There is medical testimony to support this finding. The hoard also excused claimant’s failure to file a claim for compensation within the statutory period on the grounds that the employer had actual notice, made advance payments of compensation by way of medical treatment, and was not prejudiced by such failure. We cannot say that there is no evidence to sustain the board’s findings in these respects. Award affirmed, with costs to the Workmen’s Compensation Board. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

272 A.D.2d 1082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-erb-v-sheffield-farms-co-nyappdiv-1947.