Claim of Gibson v. Policastro

Appellate Division of the Supreme Court of New York

Claim of Gibson v. Policastro

255 A.D. 731, 6 N.Y.S.2d 818, 1938 N.Y. App. Div. LEXIS 4940

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

DecidedSeptember 21, 1938

StatusPublished

This text of 255 A.D. 731 (Claim of Gibson v. Policastro) 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 Gibson v. Policastro, 255 A.D. 731, 6 N.Y.S.2d 818, 1938 N.Y. App. Div. LEXIS 4940 (N.Y. Ct. App. 1938).

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Opinion

This is an appeal by the employer and his insurance carrier from an award of the State Industrial Board in favor of the widow and dependent child of William Mitchell, deceased employee. On March 18, 1936, William Mitchell, the employee, sustained accidental injuries resulting in his death. The sole question presented for review is whether or not the award should be made in favor of Portia Gibson, widow of the deceased, and whether it was proper to order such award paid into the Aggregate Trust Fund pursuant to section 27 of the Workmen’s Compensation Law. Claimant and the deceased were duly married and never divorced. Subsequently to the making of this award the widow remarried. At the time the award was made it was made in accordance with the provisions of law. The status of the award having become fixed at that time, was not affected by the subsequent remarriage of the widow. Award unanimously affirmed, with costs to the State Industrial Board. Present —Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

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This is an appeal by the employer and his insurance carrier from an award of the State Industrial Board in favor of the widow and dependent child of William Mitchell, deceased employee. On March 18, 1936, William Mitchell, the employee, sustained accidental injuries resulting in his death. The sole question presented for review is whether or not the award should be made in favor of Portia Gibson, widow of the deceased, and whether it was proper to order such award paid into the Aggregate Trust Fund pursuant to section 27 of the Workmen’s Compensation Law. Claimant and the deceased were duly married and never divorced. Subsequently to the making of this award the widow remarried. At the time the award was made it was made in accordance with the provisions of law. The status of the award having become fixed at that time, was not affected by the subsequent remarriage of the widow. Award unanimously affirmed, with costs to the State Industrial Board. Present —Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

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Bluebook (online)

255 A.D. 731, 6 N.Y.S.2d 818, 1938 N.Y. App. Div. LEXIS 4940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-gibson-v-policastro-nyappdiv-1938.