Claim of Semar v. City of New York

Appellate Division of the Supreme Court of New York

Claim of Semar v. City of New York

263 A.D. 1040, 33 N.Y.S.2d 686, 1942 N.Y. App. Div. LEXIS 7977

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

DecidedMarch 18, 1942

StatusPublished

This text of 263 A.D. 1040 (Claim of Semar v. City of New York) 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 Semar v. City of New York, 263 A.D. 1040, 33 N.Y.S.2d 686, 1942 N.Y. App. Div. LEXIS 7977 (N.Y. Ct. App. 1942).

Pincite

Opinion

Appeal from an award of compensation for ten weeks’ disability. On April 16, 1930, while claimant was lifting a can of ashes, he sustained a strain which resulted in a right inguinal hernia. Some years later he suffered a hernia on the left side and a recurrence of the hernia on the right side. An award of compensation for the first injury was made May 2, 1931, and on May 11, 1931, such award was paid. On September 10, 1940, claimant was afforded an operation by the employer for the repair of the left hernia and the recurrent right hernia. During the intervening years the employer had notice of claimant’s condition and gave him light work to do at his regular rate of wages. He made an application for further compensation on or about October 9, 1940. The Industrial Board held that three years had not elapsed from the last payment of compensation in view of the hospitalization furnished on September 10, 1940, and that the employer was liable for the payment of award and not the Special Fund. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ,

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from an award of compensation for ten weeks’ disability. On April 16, 1930, while claimant was lifting a can of ashes, he sustained a strain which resulted in a right inguinal hernia. Some years later he suffered a hernia on the left side and a recurrence of the hernia on the right side. An award of compensation for the first injury was made May 2, 1931, and on May 11, 1931, such award was paid. On September 10, 1940, claimant was afforded an operation by the employer for the repair of the left hernia and the recurrent right hernia. During the intervening years the employer had notice of claimant’s condition and gave him light work to do at his regular rate of wages. He made an application for further compensation on or about October 9, 1940. The Industrial Board held that three years had not elapsed from the last payment of compensation in view of the hospitalization furnished on September 10, 1940, and that the employer was liable for the payment of award and not the Special Fund. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ,

Cite This Page — Counsel Stack

Bluebook (online)

263 A.D. 1040, 33 N.Y.S.2d 686, 1942 N.Y. App. Div. LEXIS 7977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-semar-v-city-of-new-york-nyappdiv-1942.