Claim of Introne v. Carbisello

Appellate Division of the Supreme Court of New York

Claim of Introne v. Carbisello

273 A.D. 934, 77 N.Y.S.2d 898, 1948 N.Y. App. Div. LEXIS 5329

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

DecidedMarch 31, 1948

StatusPublished

This text of 273 A.D. 934 (Claim of Introne v. Carbisello) 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 Introne v. Carbisello, 273 A.D. 934, 77 N.Y.S.2d 898, 1948 N.Y. App. Div. LEXIS 5329 (N.Y. Ct. App. 1948).

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Opinion

— This is an appeal by the employer and insurance carrier from an award filed June 16, 1947, of the Workmen’s Compensation Board, allowing death benefits to the widow and children of Ralph Introne, deceased employee. Decedent was employed as a “shovel oiler”. The employer’s principal office was located in Binghamton, N. Y., and the nature of his business was highway construction. Introne, the deceased employee, worked for the employer in different places throughout the State of New York and, at the time of the accident from which he received the injuries resulting in his death, in Natalie, Pennsylvania, on a construction job. The board found that decedent’s work was transitory and not conducted at a fixed place outside the State of New York. Decedent’s work outside the State of New. York was temporary, and incidental to the general employment in New York State. (Matter of Cameron v. Ellis Construction Co., 252 N. Y. 394, 398.) The evidence sustains the finding of the board. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Hill, P. J., Heffernan, Brewster, Poster and Russell, JJ.

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— This is an appeal by the employer and insurance carrier from an award filed June 16, 1947, of the Workmen’s Compensation Board, allowing death benefits to the widow and children of Ralph Introne, deceased employee. Decedent was employed as a “shovel oiler”. The employer’s principal office was located in Binghamton, N. Y., and the nature of his business was highway construction. Introne, the deceased employee, worked for the employer in different places throughout the State of New York and, at the time of the accident from which he received the injuries resulting in his death, in Natalie, Pennsylvania, on a construction job. The board found that decedent’s work was transitory and not conducted at a fixed place outside the State of New York. Decedent’s work outside the State of New. York was temporary, and incidental to the general employment in New York State. (Matter of Cameron v. Ellis Construction Co., 252 N. Y. 394, 398.) The evidence sustains the finding of the board. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Hill, P. J., Heffernan, Brewster, Poster and Russell, JJ.

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Bluebook (online)

273 A.D. 934, 77 N.Y.S.2d 898, 1948 N.Y. App. Div. LEXIS 5329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-introne-v-carbisello-nyappdiv-1948.

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