Claim of Macken v. Erasmus Hall Lunch Committee

Appellate Division of the Supreme Court of New York

Claim of Macken v. Erasmus Hall Lunch Committee

245 A.D. 878

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

DecidedSeptember 15, 1935

StatusPublished

This text of 245 A.D. 878 (Claim of Macken v. Erasmus Hall Lunch Committee) 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 Macken v. Erasmus Hall Lunch Committee, 245 A.D. 878 (N.Y. Ct. App. 1935).

Pincite

Opinion

This is an appeal by an employer and its insurance carrier from an award of compensation in favor of William Macken, the claimant, on account of an accident which he sustained on May 2, 1929, while in the service of the employer. The employer in its report stated that claimant was injured while engaged in his regular occupation. The proof sustains the finding of the Board that claimant was injured while lifting a milk stand. Claimant sustained a prior accident while in the employ of the National Lead Company on August 11, 1923. The finding of the Board that all disability from such prior accident terminated on November 19, 1926, is supported by the evidence. The finding of the Board that claimant was twenty-five per cent disabled as the result of the injuries suffered on May 2, 1929, is established by the evidence. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

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This is an appeal by an employer and its insurance carrier from an award of compensation in favor of William Macken, the claimant, on account of an accident which he sustained on May 2, 1929, while in the service of the employer. The employer in its report stated that claimant was injured while engaged in his regular occupation. The proof sustains the finding of the Board that claimant was injured while lifting a milk stand. Claimant sustained a prior accident while in the employ of the National Lead Company on August 11, 1923. The finding of the Board that all disability from such prior accident terminated on November 19, 1926, is supported by the evidence. The finding of the Board that claimant was twenty-five per cent disabled as the result of the injuries suffered on May 2, 1929, is established by the evidence. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

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Bluebook (online)

245 A.D. 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-macken-v-erasmus-hall-lunch-committee-nyappdiv-1935.