Claim of Graf v. Silver Creek Preserving Corp.

Appellate Division of the Supreme Court of New York

Claim of Graf v. Silver Creek Preserving Corp.

257 A.D. 1090, 14 N.Y.S.2d 667, 1939 N.Y. App. Div. LEXIS 9213

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

DecidedSeptember 27, 1939

StatusPublished

Cited by2 cases

This text of 257 A.D. 1090 (Claim of Graf v. Silver Creek Preserving 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 Graf v. Silver Creek Preserving Corp., 257 A.D. 1090, 14 N.Y.S.2d 667, 1939 N.Y. App. Div. LEXIS 9213 (N.Y. Ct. App. 1939).

Pincite

Opinion

The employer operates a canning factory. The claimant, a boy of seventeen years of age, was employed by the employer without it having on file at the time either a standard employment [1091]*1091certificate, a special employment certificate or a vacation work permit, as required by section 131 of the Labor Law. It is conceded that the claimant sustained an injury to Ms right hand and the percentage of loss was fixed at sixty-six and two-thirds per cent. The question involved here is whether under the stated facts and circumstances failure to meet the requirements of section 131 of the Labor Law made it mandatory for the referee to make an award under section 14-a of the Workmen’s Compensation Law against the employer. The evidence and the appellants’ concessions establish that the claimant was employed in violation of the Labor Law and the findings of the State Industrial Board were proper. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffeman and Sehenck, JJ.

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The employer operates a canning factory. The claimant, a boy of seventeen years of age, was employed by the employer without it having on file at the time either a standard employment [1091]*1091certificate, a special employment certificate or a vacation work permit, as required by section 131 of the Labor Law. It is conceded that the claimant sustained an injury to Ms right hand and the percentage of loss was fixed at sixty-six and two-thirds per cent. The question involved here is whether under the stated facts and circumstances failure to meet the requirements of section 131 of the Labor Law made it mandatory for the referee to make an award under section 14-a of the Workmen’s Compensation Law against the employer. The evidence and the appellants’ concessions establish that the claimant was employed in violation of the Labor Law and the findings of the State Industrial Board were proper. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffeman and Sehenck, JJ.

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Bluebook (online)

257 A.D. 1090, 14 N.Y.S.2d 667, 1939 N.Y. App. Div. LEXIS 9213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-graf-v-silver-creek-preserving-corp-nyappdiv-1939.

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