Claim of Gicking v. Mutual Life Insurance

Appellate Division of the Supreme Court of New York

Claim of Gicking v. Mutual Life Insurance

256 A.D. 869, 9 N.Y.S.2d 49, 1939 N.Y. App. Div. LEXIS 5183

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

DecidedJanuary 18, 1939

StatusPublished

Cited by1 cases

This text of 256 A.D. 869 (Claim of Gicking v. Mutual Life Insurance) 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 Gicking v. Mutual Life Insurance, 256 A.D. 869, 9 N.Y.S.2d 49, 1939 N.Y. App. Div. LEXIS 5183 (N.Y. Ct. App. 1939).

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Opinion

The employer and carrier appeal from an award of death benefits made on account of the death of the employee from lobar pneumonia. The employer was the owner of nine adjacent apartment houses, and decedent was superintendent, with three or four men working under him. On February 11, 1937, a drain pipe in one of the houses became clogged. Decedent worked from early morning until ten-thirty in the evening, in a basement, where the floor was flooded and drenched with water the entire time. During the day he frequently was required to go into the cold weather outside of the cellar. He died on February twenty-third. The history of the progress of the disease, and the medical testimony, show causal relation between the employment and death. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffiernan, JJ.

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The employer and carrier appeal from an award of death benefits made on account of the death of the employee from lobar pneumonia. The employer was the owner of nine adjacent apartment houses, and decedent was superintendent, with three or four men working under him. On February 11, 1937, a drain pipe in one of the houses became clogged. Decedent worked from early morning until ten-thirty in the evening, in a basement, where the floor was flooded and drenched with water the entire time. During the day he frequently was required to go into the cold weather outside of the cellar. He died on February twenty-third. The history of the progress of the disease, and the medical testimony, show causal relation between the employment and death. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffiernan, JJ.

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256 A.D. 869, 9 N.Y.S.2d 49, 1939 N.Y. App. Div. LEXIS 5183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-gicking-v-mutual-life-insurance-nyappdiv-1939.

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