Claim of Feder v. Sagamore Metal Goods Corp.

Appellate Division of the Supreme Court of New York

Claim of Feder v. Sagamore Metal Goods Corp.

251 A.D. 765, 295 N.Y.S. 515, 1937 N.Y. App. Div. LEXIS 7421

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

DecidedMay 5, 1937

StatusPublished

This text of 251 A.D. 765 (Claim of Feder v. Sagamore Metal Goods Corp.) 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 Feder v. Sagamore Metal Goods Corp., 251 A.D. 765, 295 N.Y.S. 515, 1937 N.Y. App. Div. LEXIS 7421 (N.Y. Ct. App. 1937).

Pincite

Opinion

Appeal by employer and insurance carrier from an award of death benefits to the widow of deceased employee under the Workmen’s Compensation Law. Decedent died from a pulmonary embolism resulting from an operation for an umbilical hernia. The award is contested on the ground that there is lacking competent evidence to support the finding of an accident, the specific claim being a lack of corroboration of hearsay statements. Decedent had filed a claim for compensation prior to bis death and this claim had been disallowed on the ground of no accident and no causal relation. After bis death the claim was reopened and a claim filed for death benefits. Decedent’s testimony had been taken during his lifetime in connection with his claim for compensation. Upon all of the evidence there is sufficient corroboration to support decedent’s hearsay statements of the accident. Award unanimously affirmed, with costs to the State Industrial Board. Present —■ Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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Appeal by employer and insurance carrier from an award of death benefits to the widow of deceased employee under the Workmen’s Compensation Law. Decedent died from a pulmonary embolism resulting from an operation for an umbilical hernia. The award is contested on the ground that there is lacking competent evidence to support the finding of an accident, the specific claim being a lack of corroboration of hearsay statements. Decedent had filed a claim for compensation prior to bis death and this claim had been disallowed on the ground of no accident and no causal relation. After bis death the claim was reopened and a claim filed for death benefits. Decedent’s testimony had been taken during his lifetime in connection with his claim for compensation. Upon all of the evidence there is sufficient corroboration to support decedent’s hearsay statements of the accident. Award unanimously affirmed, with costs to the State Industrial Board. Present —■ Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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Bluebook (online)

251 A.D. 765, 295 N.Y.S. 515, 1937 N.Y. App. Div. LEXIS 7421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-feder-v-sagamore-metal-goods-corp-nyappdiv-1937.