Claim of McCulla v. American Locomotive Co.

Appellate Division of the Supreme Court of New York

Claim of McCulla v. American Locomotive Co.

243 A.D. 662

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1935·Published

Opinion

This case was before the court on a former appeal, and will be found in 237 Appellate Division, 300. After the ease was remitted, the State Industrial Board reclassified claimant’s injuries as permanent total disability (and that determination is supported by competent medical testimony) which the Board had the right to do under the amended legislation. The ease being an open one, after reversal and remission to the Board, section 25-a of the Workmen’s Compensation Law does not, therefore, apply. Award unanimously affirmed, with costs to the State Industrial Board. Present — Rhodes, McNamee, Crapser, Bliss and Heffernan, JJ.

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This case was before the court on a former appeal, and will be found in 237 Appellate Division, 300. After the ease was remitted, the State Industrial Board reclassified claimant’s injuries as permanent total disability (and that determination is supported by competent medical testimony) which the Board had the right to do under the amended legislation. The ease being an open one, after reversal and remission to the Board, section 25-a of the Workmen’s Compensation Law does not, therefore, apply. Award unanimously affirmed, with costs to the State Industrial Board. Present — Rhodes, McNamee, Crapser, Bliss and Heffernan, JJ.

Claim of McCulla v. American Locomotive Co., 243 A.D. 662 (N.Y. Ct. App. 1935).

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