Claim of Kalikoff v. John Lucas & Co.

Appellate Division of the Supreme Court of New York

Claim of Kalikoff v. John Lucas & Co.

271 A.D.2d 942

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

DecidedJanuary 14, 1947

StatusPublished

This text of 271 A.D.2d 942 (Claim of Kalikoff v. John Lucas & Co.) 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 Kalikoff v. John Lucas & Co., 271 A.D.2d 942 (N.Y. Ct. App. 1947).

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Opinion

-Appeal from an award of compensation for disability. Claimant was bitten by a cat on May 10, 1944, while engaged in the course of his employment. Although his actual physical injuries were trivial, he developed such a fear of being stricken with rabies that he became psychoneurotic. All questions of fact relative to the diagnosis of phychoneurosis and his consequent disability have been resolved in his favor by the board, and there is evidence to sustain its findings in these respects. The chief complaint of the appellants is that claimant did not give the employer notice of his injuries until after July 1, 1944. The board has found that the employer was not prejudiced by the failure of the claimant to give written notice of injury within the statutory period. We think the finding of the board in this respect is sustained by all the eircumstancGs of the case, especially in view of the fact that there is no evidence to indicate that claimant’s condition could have been alleviated if notice' had been given. Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Heffernan, Poster and Russell, JJ., concur; Brewster, J., dissents.

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-Appeal from an award of compensation for disability. Claimant was bitten by a cat on May 10, 1944, while engaged in the course of his employment. Although his actual physical injuries were trivial, he developed such a fear of being stricken with rabies that he became psychoneurotic. All questions of fact relative to the diagnosis of phychoneurosis and his consequent disability have been resolved in his favor by the board, and there is evidence to sustain its findings in these respects. The chief complaint of the appellants is that claimant did not give the employer notice of his injuries until after July 1, 1944. The board has found that the employer was not prejudiced by the failure of the claimant to give written notice of injury within the statutory period. We think the finding of the board in this respect is sustained by all the eircumstancGs of the case, especially in view of the fact that there is no evidence to indicate that claimant’s condition could have been alleviated if notice' had been given. Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Heffernan, Poster and Russell, JJ., concur; Brewster, J., dissents.

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Bluebook (online)

271 A.D.2d 942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-kalikoff-v-john-lucas-co-nyappdiv-1947.