Claim of Moscovitz v. Barclay

Appellate Division of the Supreme Court of New York

Claim of Moscovitz v. Barclay

270 A.D. 786, 59 N.Y.S.2d 352, 1946 N.Y. App. Div. LEXIS 3929

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

DecidedJanuary 11, 1946

StatusPublished

Cited by1 cases

This text of 270 A.D. 786 (Claim of Moscovitz v. Barclay) 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 Moscovitz v. Barclay, 270 A.D. 786, 59 N.Y.S.2d 352, 1946 N.Y. App. Div. LEXIS 3929 (N.Y. Ct. App. 1946).

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Opinion

Appeal from an- award of compensation, twenty-one weeks total disability and seventeen and one-fifth weeks partial disability. The error assigned by appellants is the failure to give notice of injury as provided by section 18 of the Workmen’s Compensation Law. Claimant, an employee in a restaurant, was struck on the left shoulder by a swinging door. The failure to give notice was excused by the board upon the ground that claimant did not realize the serious nature of the injuries at the time of the accident. As soon as she learned, she gave notice. The evidence sustains the determination of the board. Award affirmed, with costs to the Workmen’s Compensation Board. All concur.

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Appeal from an- award of compensation, twenty-one weeks total disability and seventeen and one-fifth weeks partial disability. The error assigned by appellants is the failure to give notice of injury as provided by section 18 of the Workmen’s Compensation Law. Claimant, an employee in a restaurant, was struck on the left shoulder by a swinging door. The failure to give notice was excused by the board upon the ground that claimant did not realize the serious nature of the injuries at the time of the accident. As soon as she learned, she gave notice. The evidence sustains the determination of the board. Award affirmed, with costs to the Workmen’s Compensation Board. All concur.

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Bluebook (online)

270 A.D. 786, 59 N.Y.S.2d 352, 1946 N.Y. App. Div. LEXIS 3929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-moscovitz-v-barclay-nyappdiv-1946.

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