Claim of Stachowiak v. O'Rourke Baking Co.

Appellate Division of the Supreme Court of New York

Claim of Stachowiak v. O'Rourke Baking Co.

255 A.D. 734, 6 N.Y.S.2d 782, 1938 N.Y. App. Div. LEXIS 4949

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

DecidedSeptember 21, 1938

StatusPublished

This text of 255 A.D. 734 (Claim of Stachowiak v. O'Rourke Baking 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 Stachowiak v. O'Rourke Baking Co., 255 A.D. 734, 6 N.Y.S.2d 782, 1938 N.Y. App. Div. LEXIS 4949 (N.Y. Ct. App. 1938).

Pincite

Opinion

This is an appeal from an award of death benefits payable by the employer and insurance carrier to the dependent mother and minor sister of the deceased employee. On February 3, 1936, the deceased employee, while engaged in his regular occupation, burned his right arm by coming in contact with an electric heater plate. As a result of such bum an infection developed which caused his death on November 30, 1936. The State Industrial Board found that the deceased received sixteen dollars a week for his services and that his mother and sister were dependent upon him for support. The proof sustains this finding. The Board also found that deceased, a minor, was illegally employed in violation of section 171, subdivision 2, of the Labor Law, in that he was employed between the hours of twelve midnight and six o’clock in the morning. This finding is in accordance with the evidence. The State Industrial Board made an award of double compensation for double earnings pursuant to the provisions of section 14-a of the Workmen’s Compensation Law. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

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This is an appeal from an award of death benefits payable by the employer and insurance carrier to the dependent mother and minor sister of the deceased employee. On February 3, 1936, the deceased employee, while engaged in his regular occupation, burned his right arm by coming in contact with an electric heater plate. As a result of such bum an infection developed which caused his death on November 30, 1936. The State Industrial Board found that the deceased received sixteen dollars a week for his services and that his mother and sister were dependent upon him for support. The proof sustains this finding. The Board also found that deceased, a minor, was illegally employed in violation of section 171, subdivision 2, of the Labor Law, in that he was employed between the hours of twelve midnight and six o’clock in the morning. This finding is in accordance with the evidence. The State Industrial Board made an award of double compensation for double earnings pursuant to the provisions of section 14-a of the Workmen’s Compensation Law. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

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Bluebook (online)

255 A.D. 734, 6 N.Y.S.2d 782, 1938 N.Y. App. Div. LEXIS 4949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-stachowiak-v-orourke-baking-co-nyappdiv-1938.