Claim of Leskin v. M. & G. Trucking Co.

Appellate Division of the Supreme Court of New York

Claim of Leskin v. M. & G. Trucking Co.

236 A.D. 866

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

DecidedNovember 15, 1932

StatusPublished

This text of 236 A.D. 866 (Claim of Leskin v. M. & G. Trucking 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 Leskin v. M. & G. Trucking Co., 236 A.D. 866 (N.Y. Ct. App. 1932).

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Opinion

Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that at the time of receiving the injury it was classified as temporary total, and the award appealed from, made more than three years after the date of the accident, is for a partial permanent schedule loss. This change of classification may not be made. (Workmen’s Comp. Law, § 15, subd. 6-a; Matter of Schaeffer v. Buffalo Steel Car Co., 250 N. Y. 507.) However, the .record discloses that as a result of the injury and the failure of physicians to diagnose a fracture the claimant has at times been temporarily totally disabled, for which it would seem an award could be made, if the Board were so advised. Van Kirk, P. J., Hinman, Hill, Rhodes and Crapser, JJ., concur.

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Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that at the time of receiving the injury it was classified as temporary total, and the award appealed from, made more than three years after the date of the accident, is for a partial permanent schedule loss. This change of classification may not be made. (Workmen’s Comp. Law, § 15, subd. 6-a; Matter of Schaeffer v. Buffalo Steel Car Co., 250 N. Y. 507.) However, the .record discloses that as a result of the injury and the failure of physicians to diagnose a fracture the claimant has at times been temporarily totally disabled, for which it would seem an award could be made, if the Board were so advised. Van Kirk, P. J., Hinman, Hill, Rhodes and Crapser, JJ., concur.

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Bluebook (online)

236 A.D. 866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-leskin-v-m-g-trucking-co-nyappdiv-1932.

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