Claim of Teeter v. John W. Cowper Co.

Appellate Division of the Supreme Court of New York

Claim of Teeter v. John W. Cowper Co.

277 A.D.2d 1082

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

DecidedNovember 29, 1950

StatusPublished

This text of 277 A.D.2d 1082 (Claim of Teeter v. John W. Cowper 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 Teeter v. John W. Cowper Co., 277 A.D.2d 1082 (N.Y. Ct. App. 1950).

Pincite

Opinion

Appeal by employer and its insurance carrier from a decision and award of the Workmen’s Compensation Board which imposed a 15% penalty for failure to pay compensation within the time prescribed by statute. Coneededly the first installment of compensation was not paid within eighteen days after the same became due. No notice of controversy was filed by the employer or carrier and no objection was made to the award of compensation benefits. The board has so found. The record clearly indicates that the claim was not controverted or litigated and there is no finding to the contrary. Under such circumstances there is no statutory authority (and therefore no authority) for the imposition of a penalty in excess of 10%. (Workmen’s Compensation Law, § 25.) Decision and award modified on the law by reducing the penalty from 15% to 10%, and as so modified are affirmed, with costs to appellants against the Workmen’s Compensation Board. Foster, P. J., Heffernan, Deyo, Bergan and Coon, JJ., concur.

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Appeal by employer and its insurance carrier from a decision and award of the Workmen’s Compensation Board which imposed a 15% penalty for failure to pay compensation within the time prescribed by statute. Coneededly the first installment of compensation was not paid within eighteen days after the same became due. No notice of controversy was filed by the employer or carrier and no objection was made to the award of compensation benefits. The board has so found. The record clearly indicates that the claim was not controverted or litigated and there is no finding to the contrary. Under such circumstances there is no statutory authority (and therefore no authority) for the imposition of a penalty in excess of 10%. (Workmen’s Compensation Law, § 25.) Decision and award modified on the law by reducing the penalty from 15% to 10%, and as so modified are affirmed, with costs to appellants against the Workmen’s Compensation Board. Foster, P. J., Heffernan, Deyo, Bergan and Coon, JJ., concur.

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Bluebook (online)

277 A.D.2d 1082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-teeter-v-john-w-cowper-co-nyappdiv-1950.