Claim of Goerl v. Charles H. Darmstadt, Inc.

Appellate Division of the Supreme Court of New York

Claim of Goerl v. Charles H. Darmstadt, Inc.

257 A.D. 872, 11 N.Y.S.2d 1022, 1939 N.Y. App. Div. LEXIS 8216

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

DecidedMay 3, 1939

StatusPublished

This text of 257 A.D. 872 (Claim of Goerl v. Charles H. Darmstadt, Inc.) 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 Goerl v. Charles H. Darmstadt, Inc., 257 A.D. 872, 11 N.Y.S.2d 1022, 1939 N.Y. App. Div. LEXIS 8216 (N.Y. Ct. App. 1939).

Pincite

Opinion

Appeal from an award of the State Industrial Board, noticed on July 12, 1938, directing the payment of death benefits to the widow of deceased employee and the commutation of future payments into the Aggregate Trust Fund in compliance with section 27 of the Workmen's Compensation Law. The deceased employee was killed on September 9, 1932, and the award was made on July 12, 1938. The statutory provision requiring that future periodical death benefits be commuted and the present value thereof be paid into the Aggregate Trust Fund became a law in 1935. (Laws of 1935, chap. 255, effective March 27, 1935.) The sole question on this appeal is whether this statute is applicable inasmuch as the accident and death forming the basis of the award occurred before the enactment of the statute. Award affirmed, upon the authority of Matter of Voelker v. Rosenberg’s Sons (251 App. Div. 50; affd., 275 N. Y. 565), with costs to the State Industrial Board. Hill, P. J., McNamee, Bliss and Heffernan, JJ., concur.

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

Appeal from an award of the State Industrial Board, noticed on July 12, 1938, directing the payment of death benefits to the widow of deceased employee and the commutation of future payments into the Aggregate Trust Fund in compliance with section 27 of the Workmen's Compensation Law. The deceased employee was killed on September 9, 1932, and the award was made on July 12, 1938. The statutory provision requiring that future periodical death benefits be commuted and the present value thereof be paid into the Aggregate Trust Fund became a law in 1935. (Laws of 1935, chap. 255, effective March 27, 1935.) The sole question on this appeal is whether this statute is applicable inasmuch as the accident and death forming the basis of the award occurred before the enactment of the statute. Award affirmed, upon the authority of Matter of Voelker v. Rosenberg’s Sons (251 App. Div. 50; affd., 275 N. Y. 565), with costs to the State Industrial Board. Hill, P. J., McNamee, Bliss and Heffernan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

257 A.D. 872, 11 N.Y.S.2d 1022, 1939 N.Y. App. Div. LEXIS 8216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-goerl-v-charles-h-darmstadt-inc-nyappdiv-1939.

Opinion

Related

Cite This Page — Counsel Stack