Claim of Sager v. General Electric Co.

Appellate Division of the Supreme Court of New York

Claim of Sager v. General Electric Co.

269 A.D. 801, 55 N.Y.S.2d 138, 1945 N.Y. App. Div. LEXIS 3910

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

DecidedMay 16, 1945

StatusPublished

Cited by1 cases

This text of 269 A.D. 801 (Claim of Sager v. General Electric Co.) 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 Sager v. General Electric Co., 269 A.D. 801, 55 N.Y.S.2d 138, 1945 N.Y. App. Div. LEXIS 3910 (N.Y. Ct. App. 1945).

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Opinion

Claimant appeals from a decision of the State Industrial Board denying his application to reopen his claim for an injury which occurred on June 7, 1922. The Board’s decision was based on the ground that more than eighteen years have expired since the date of the accident, and under the provisions of section 25-a of the Workmen’s Compensation Law, it no longer has jurisdiction. It appears that the self-insured presently has no interest in the matter. That part of the statute cited is one of limitation, and being procedural in character is retroactive in effect. No vested right is involved, nor is any constitutional question created. A workmen’s compensation law is not guaranteed by the State Constitution. The Legislature is merely empowered to pass such an act and the regulation thereof is wholly within the scope of legislative authority. Decision affirmed, without costs. All concur.

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Claimant appeals from a decision of the State Industrial Board denying his application to reopen his claim for an injury which occurred on June 7, 1922. The Board’s decision was based on the ground that more than eighteen years have expired since the date of the accident, and under the provisions of section 25-a of the Workmen’s Compensation Law, it no longer has jurisdiction. It appears that the self-insured presently has no interest in the matter. That part of the statute cited is one of limitation, and being procedural in character is retroactive in effect. No vested right is involved, nor is any constitutional question created. A workmen’s compensation law is not guaranteed by the State Constitution. The Legislature is merely empowered to pass such an act and the regulation thereof is wholly within the scope of legislative authority. Decision affirmed, without costs. All concur.

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Bluebook (online)

269 A.D. 801, 55 N.Y.S.2d 138, 1945 N.Y. App. Div. LEXIS 3910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-sager-v-general-electric-co-nyappdiv-1945.

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