Claim of Smith v. Warren Nash Motor Corp.

Appellate Division of the Supreme Court of New York

Claim of Smith v. Warren Nash Motor Corp.

231 A.D. 774

Procedural entryThis page is a short order in Claim of Smith v. Warren Nash Motor Corp.. Read the opinion of the Court — 233 A.D. 296 →

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1930·Published

Opinion

Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that there is no evidence to sustain the finding that the employer could have given np medical assistance which would have remedied the condition of claimant’s eye; and, therefore, the Board was not warranted in excusing failure to give written notice on the ground of lack of prejudice based upon such a premise. Hinman, Acting P. J., Davis, Whitmyer, Hill and Hasbrouck, JJ., concur.

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Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that there is no evidence to sustain the finding that the employer could have given np medical assistance which would have remedied the condition of claimant’s eye; and, therefore, the Board was not warranted in excusing failure to give written notice on the ground of lack of prejudice based upon such a premise. Hinman, Acting P. J., Davis, Whitmyer, Hill and Hasbrouck, JJ., concur.

Claim of Smith v. Warren Nash Motor Corp., 231 A.D. 774 (N.Y. Ct. App. 1930).

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