Claim of Pollock v. Shoe

Appellate Division of the Supreme Court of New York

Claim of Pollock v. Shoe

271 A.D.2d 846

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

DecidedNovember 13, 1946

StatusPublished

This text of 271 A.D.2d 846 (Claim of Pollock v. Shoe) 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 Pollock v. Shoe, 271 A.D.2d 846 (N.Y. Ct. App. 1946).

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Opinion

Appeal [847]*847by employer and insurance carrier from a decision of the Workmen’s Compensation Board dated January 26, 1946, determining appellants’ liability for an award of death benefits made by said board to claimant, and exonerating therefrom the Fund for Reopened Cases. The findings that the employer’s payments to deceased of what is termed a $20 per week “ pension ” constituted payments of compensation, is supported by competent evidence. The prior decisions of the board that deceased had completely recovered from his original injury, were not res judicata. (Matter of Boettger v. Young Men’s Christian Assn, of Troy, 266 App. Div. 810.) The payments which were awarded by the employer to deceased voluntarily, in that they were not paid under an award by the board, were effective to avoid the time lapse essential to the liability of the Fund for Reopened Cases. (Matter of Cook v. New York Central B. B. Co., 296 N. Y. 576; Matter of Lopa v. Brillo Manufacturing Co., ante, p. 846.) Decision affirmed, with costs to the Workmen’s Compensation Board. All concur.

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Appeal [847]*847by employer and insurance carrier from a decision of the Workmen’s Compensation Board dated January 26, 1946, determining appellants’ liability for an award of death benefits made by said board to claimant, and exonerating therefrom the Fund for Reopened Cases. The findings that the employer’s payments to deceased of what is termed a $20 per week “ pension ” constituted payments of compensation, is supported by competent evidence. The prior decisions of the board that deceased had completely recovered from his original injury, were not res judicata. (Matter of Boettger v. Young Men’s Christian Assn, of Troy, 266 App. Div. 810.) The payments which were awarded by the employer to deceased voluntarily, in that they were not paid under an award by the board, were effective to avoid the time lapse essential to the liability of the Fund for Reopened Cases. (Matter of Cook v. New York Central B. B. Co., 296 N. Y. 576; Matter of Lopa v. Brillo Manufacturing Co., ante, p. 846.) Decision affirmed, with costs to the Workmen’s Compensation Board. All concur.

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271 A.D.2d 846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-pollock-v-shoe-nyappdiv-1946.

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