Claim of Keaney v. Marshall Sanitarium

Appellate Division of the Supreme Court of New York

Claim of Keaney v. Marshall Sanitarium

259 A.D. 945, 19 N.Y.S.2d 941, 1940 N.Y. App. Div. LEXIS 7386

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

DecidedMay 15, 1940

StatusPublished

This text of 259 A.D. 945 (Claim of Keaney v. Marshall Sanitarium) 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 Keaney v. Marshall Sanitarium, 259 A.D. 945, 19 N.Y.S.2d 941, 1940 N.Y. App. Div. LEXIS 7386 (N.Y. Ct. App. 1940).

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Opinion

Appeal from an award for a schedule loss of thirty-five per cent use of the left arm. Appellants assert that failure to give notice within thirty days was prejudicial; and non-judicial conduct by the State Industrial Board. Claimant fell and injured her shoulder on August 21, 1937. Notice was given October 5, 1937. The delay was properly excused and the medical testimony sustains the findings. No grounds are shown to justify improper conduct of the Board, Award unanimously [946]*946affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffernan, Schenek and Poster, JJ.

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Appeal from an award for a schedule loss of thirty-five per cent use of the left arm. Appellants assert that failure to give notice within thirty days was prejudicial; and non-judicial conduct by the State Industrial Board. Claimant fell and injured her shoulder on August 21, 1937. Notice was given October 5, 1937. The delay was properly excused and the medical testimony sustains the findings. No grounds are shown to justify improper conduct of the Board, Award unanimously [946]*946affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffernan, Schenek and Poster, JJ.

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Bluebook (online)

259 A.D. 945, 19 N.Y.S.2d 941, 1940 N.Y. App. Div. LEXIS 7386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-keaney-v-marshall-sanitarium-nyappdiv-1940.