Claim of Ferris v. Fraternal Sales Co.

Appellate Division of the Supreme Court of New York

Claim of Ferris v. Fraternal Sales Co.

257 A.D. 1086, 14 N.Y.S.2d 625, 1939 N.Y. App. Div. LEXIS 9200

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

DecidedSeptember 27, 1939

StatusPublished

This text of 257 A.D. 1086 (Claim of Ferris v. Fraternal Sales 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 Ferris v. Fraternal Sales Co., 257 A.D. 1086, 14 N.Y.S.2d 625, 1939 N.Y. App. Div. LEXIS 9200 (N.Y. Ct. App. 1939).

Pincite

Opinion

Appeal from an award of death benefits noticed July 25, 1938, and from a decision noticed February 1, 1939, made by the State Industrial Board under the Workmen’s Compensation Law commuting the weekly benefits into a lump sum and directing this sum to be paid into the Aggregate Trust Fund. The deceased employee while engaged in his regular occupation Was killed on April 5, 1938, by being struck by a train at a railroad crossing. The widow-claimant has instituted a third-party action against the railroad company. She also has received an award of death benefits and the State Industrial Board ordered the commuted value thereof paid into the Aggregate Trust Fund. It is this commutation and direction for payment into the Aggregate Trust Fund that is objected to. Section 27 of the Workmen’s Compensation Law required the immediate commutation of this award into a lump sum and its payment into the Aggregate Trust Fund. Award and decision unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffernan and Schenck, JJ.

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Appeal from an award of death benefits noticed July 25, 1938, and from a decision noticed February 1, 1939, made by the State Industrial Board under the Workmen’s Compensation Law commuting the weekly benefits into a lump sum and directing this sum to be paid into the Aggregate Trust Fund. The deceased employee while engaged in his regular occupation Was killed on April 5, 1938, by being struck by a train at a railroad crossing. The widow-claimant has instituted a third-party action against the railroad company. She also has received an award of death benefits and the State Industrial Board ordered the commuted value thereof paid into the Aggregate Trust Fund. It is this commutation and direction for payment into the Aggregate Trust Fund that is objected to. Section 27 of the Workmen’s Compensation Law required the immediate commutation of this award into a lump sum and its payment into the Aggregate Trust Fund. Award and decision unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffernan and Schenck, JJ.

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Bluebook (online)

257 A.D. 1086, 14 N.Y.S.2d 625, 1939 N.Y. App. Div. LEXIS 9200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-ferris-v-fraternal-sales-co-nyappdiv-1939.