Claim of Redman v. Iaculli

Appellate Division of the Supreme Court of New York

Claim of Redman v. Iaculli

273 A.D. 835, 76 N.Y.S.2d 525, 1948 N.Y. App. Div. LEXIS 4845

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

DecidedJanuary 14, 1948

StatusPublished

Cited by3 cases

This text of 273 A.D. 835 (Claim of Redman v. Iaculli) 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 Redman v. Iaculli, 273 A.D. 835, 76 N.Y.S.2d 525, 1948 N.Y. App. Div. LEXIS 4845 (N.Y. Ct. App. 1948).

Pincite

Opinion

Appeal by the employer and insurance carrier from an award made by the Workmen’s Compensation Board for 100% loss of claimant’s right eye. At the time of the accident the claimant had light perception only in that eye. The accident necessitated its enucleation. Whether or not the evidence supports the finding that prior to the accident the claimant had “ useful vision ” in his right eye it is conceded that the' accident necessitated its removal. The claimant therefore suffered the permanent loss of a member and is entitled to the schedule award. (See Matter of Biegle v. Fordon, 273 App. Div. 213, decided herewith.) Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Foster, Russell and Deyo, JJ., concur; Brewster, J., dissents.

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Appeal by the employer and insurance carrier from an award made by the Workmen’s Compensation Board for 100% loss of claimant’s right eye. At the time of the accident the claimant had light perception only in that eye. The accident necessitated its enucleation. Whether or not the evidence supports the finding that prior to the accident the claimant had “ useful vision ” in his right eye it is conceded that the' accident necessitated its removal. The claimant therefore suffered the permanent loss of a member and is entitled to the schedule award. (See Matter of Biegle v. Fordon, 273 App. Div. 213, decided herewith.) Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Foster, Russell and Deyo, JJ., concur; Brewster, J., dissents.

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Bluebook (online)

273 A.D. 835, 76 N.Y.S.2d 525, 1948 N.Y. App. Div. LEXIS 4845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-redman-v-iaculli-nyappdiv-1948.

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