Claim of Orseck v. Firemen's Fund Insurance

Appellate Division of the Supreme Court of New York

Claim of Orseck v. Firemen's Fund Insurance

17 A.D.2d 875, 1962 N.Y. App. Div. LEXIS 7307

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

DecidedOctober 31, 1962

StatusPublished

This text of 17 A.D.2d 875 (Claim of Orseck v. Firemen's Fund Insurance) 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 Orseck v. Firemen's Fund Insurance, 17 A.D.2d 875, 1962 N.Y. App. Div. LEXIS 7307 (N.Y. Ct. App. 1962).

Pincite

Opinion

The insurance carrier appeals from an award of death benefits, contending that decedent was not an employee of Donroger Realty Corp., its insured employer, and that decedent did not sustain an accidental injury arising out of - and during the course of his employment. The question of policy coverage, raised in appellant’s brief, has been withdrawn on oral argument and by letter submitted by consent to this court. Though the record disclosed a dispute as to whether (1) decedent was an employee (manager of a restaurant owned by the employer) or the real owner of the restaurant; and, (2) whether decedent was in the course of his employment when he was killed in an automobile accident, only factual questions were presented, and substantial evidence supports the findings of the board that decedent was an employee and that his death arose out of and in the course of his employment. Award unanimously affirmed, with one bill of costs to the Workmen’s Compensation Board and claimant-respondent. Present—Coon, J. P., Gibson, Herlihy, Reynolds and Taylor, JJ.

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The insurance carrier appeals from an award of death benefits, contending that decedent was not an employee of Donroger Realty Corp., its insured employer, and that decedent did not sustain an accidental injury arising out of - and during the course of his employment. The question of policy coverage, raised in appellant’s brief, has been withdrawn on oral argument and by letter submitted by consent to this court. Though the record disclosed a dispute as to whether (1) decedent was an employee (manager of a restaurant owned by the employer) or the real owner of the restaurant; and, (2) whether decedent was in the course of his employment when he was killed in an automobile accident, only factual questions were presented, and substantial evidence supports the findings of the board that decedent was an employee and that his death arose out of and in the course of his employment. Award unanimously affirmed, with one bill of costs to the Workmen’s Compensation Board and claimant-respondent. Present—Coon, J. P., Gibson, Herlihy, Reynolds and Taylor, JJ.

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Bluebook (online)

17 A.D.2d 875, 1962 N.Y. App. Div. LEXIS 7307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-orseck-v-firemens-fund-insurance-nyappdiv-1962.