Claim of Heck v. Hilton Hotels Corp.

Appellate Division of the Supreme Court of New York

Claim of Heck v. Hilton Hotels Corp.

12 A.D.2d 672, 207 N.Y.S.2d 693, 1960 N.Y. App. Div. LEXIS 6731

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

DecidedDecember 2, 1960

StatusPublished

Cited by3 cases

This text of 12 A.D.2d 672 (Claim of Heck v. Hilton Hotels 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 Heck v. Hilton Hotels Corp., 12 A.D.2d 672, 207 N.Y.S.2d 693, 1960 N.Y. App. Div. LEXIS 6731 (N.Y. Ct. App. 1960).

Pincite

Opinion

Appeal from a decision and award of the Workmen’s Compensation Board. Claimant fell while working as a hotel chambermaid and was injured. There is no proof of any pre-existing physical condition 'which would cause the fall; nor was claimant able to relate what caused it. The record shows merely the fall in the course of employment; and since it was not demonstrated by the appellant that it was idiopathic and caused in any part by the physical condition of the claimant (Matter of McCormack v. National City Bank, 303 N. Y. 5), the accident is entitled to the presumption of the statute (Workmen’s Compensation Law, § 21, subd. 1). The case, including the employer’s report of injury, which inferentially seems to report an “ accident ”, is quite similar to that considered in Matter of Hoffman v. Grain Handling Co. (7 A D 2d 675, motion for leave to appeal denied 5 N Y 2d 709). Award unanimously affirmed, with costs to the Workmen’s Compensation Board.

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

Appeal from a decision and award of the Workmen’s Compensation Board. Claimant fell while working as a hotel chambermaid and was injured. There is no proof of any pre-existing physical condition 'which would cause the fall; nor was claimant able to relate what caused it. The record shows merely the fall in the course of employment; and since it was not demonstrated by the appellant that it was idiopathic and caused in any part by the physical condition of the claimant (Matter of McCormack v. National City Bank, 303 N. Y. 5), the accident is entitled to the presumption of the statute (Workmen’s Compensation Law, § 21, subd. 1). The case, including the employer’s report of injury, which inferentially seems to report an “ accident ”, is quite similar to that considered in Matter of Hoffman v. Grain Handling Co. (7 A D 2d 675, motion for leave to appeal denied 5 N Y 2d 709). Award unanimously affirmed, with costs to the Workmen’s Compensation Board.

Cite This Page — Counsel Stack

Bluebook (online)

12 A.D.2d 672, 207 N.Y.S.2d 693, 1960 N.Y. App. Div. LEXIS 6731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-heck-v-hilton-hotels-corp-nyappdiv-1960.

Opinion

Related

Cite This Page — Counsel Stack