Claim of Kinkela v. Thomas Crimmins Contracting Co.

Appellate Division of the Supreme Court of New York

Claim of Kinkela v. Thomas Crimmins Contracting Co.

263 A.D. 770, 30 N.Y.S.2d 904, 1941 N.Y. App. Div. LEXIS 4873

Appellate Division of the Supreme Court of the State of New York·Decided November 19, 1941·Published

Opinion

Appeal from a decision which rescinds an earlier one commuting an award of ninety-five per cent loss of use of left leg and eighty-five weeks’ protracted temporary total disability. Commutation was made under section 17 of the Workmen’s Compensation Law, upon the application of the carrier upon a finding that claimant who was an alien was about to become a non-resident. The present decision, from which the appeal is before us, rescinds upon the theory that claimant did not intend to become a non-resident, but only to go to Italy for a brief visit. Decision and award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffernan, Sehenck and Foster, JJ.

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Appeal from a decision which rescinds an earlier one commuting an award of ninety-five per cent loss of use of left leg and eighty-five weeks’ protracted temporary total disability. Commutation was made under section 17 of the Workmen’s Compensation Law, upon the application of the carrier upon a finding that claimant who was an alien was about to become a non-resident. The present decision, from which the appeal is before us, rescinds upon the theory that claimant did not intend to become a non-resident, but only to go to Italy for a brief visit. Decision and award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffernan, Sehenck and Foster, JJ.

Claim of Kinkela v. Thomas Crimmins Contracting Co., 263 A.D. 770, 30 N.Y.S.2d 904, 1941 N.Y. App. Div. LEXIS 4873 (N.Y. Ct. App. 1941).

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