Claim of Wakefield v. Gus Schlaier's Sons Iron Works

Appellate Division of the Supreme Court of New York

Claim of Wakefield v. Gus Schlaier's Sons Iron Works

18 A.D.2d 1121, 239 N.Y.S.2d 55, 1963 N.Y. App. Div. LEXIS 4026

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

DecidedApril 4, 1963

StatusPublished

Cited by2 cases

This text of 18 A.D.2d 1121 (Claim of Wakefield v. Gus Schlaier's Sons Iron Works) 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 Wakefield v. Gus Schlaier's Sons Iron Works, 18 A.D.2d 1121, 239 N.Y.S.2d 55, 1963 N.Y. App. Div. LEXIS 4026 (N.Y. Ct. App. 1963).

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Opinion

Appeal by employer and carrier from a posthumous award to decedent’s widow of 100% loss of use of the right foot, plus 363% weeks protracted healing period. Decedent suffered an industrial accident to his right foot on September 19, 1951, which eventually resulted in a midtarsal amputation. On April 18, 1952, decedent sustained a consequential causally related accident resulting in burns to both feet. Decedent died from unrelated causes on June 7, 1959. The carrier paid compensation on the basis of total disability until decedent’s death. The total disability was based upon the condition of both feet and an unrelated condition of diabetes and coronary disease. At a hearing subsequent to death the attending physician testified that had decedent lived there was a reasonable expectancy that the condition of the left foot would heal, and it was within the province of the board to decide as a fact that there would remain only the amputation of the right foot, which is the subject of a schedule award, and in the discretion of the board an award can be made posthumously. (Workmen’s Compensation Law, § 15, subds. 4, 4-a; § 33; Matter of McCarty v. U. S. Trucking Corp., 255 App. Div. 741, affd. 281 N. Y. 704.) Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present—Bergan, P. J., Coon, Gibson, Herlihy and Taylor, JJ.

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Appeal by employer and carrier from a posthumous award to decedent’s widow of 100% loss of use of the right foot, plus 363% weeks protracted healing period. Decedent suffered an industrial accident to his right foot on September 19, 1951, which eventually resulted in a midtarsal amputation. On April 18, 1952, decedent sustained a consequential causally related accident resulting in burns to both feet. Decedent died from unrelated causes on June 7, 1959. The carrier paid compensation on the basis of total disability until decedent’s death. The total disability was based upon the condition of both feet and an unrelated condition of diabetes and coronary disease. At a hearing subsequent to death the attending physician testified that had decedent lived there was a reasonable expectancy that the condition of the left foot would heal, and it was within the province of the board to decide as a fact that there would remain only the amputation of the right foot, which is the subject of a schedule award, and in the discretion of the board an award can be made posthumously. (Workmen’s Compensation Law, § 15, subds. 4, 4-a; § 33; Matter of McCarty v. U. S. Trucking Corp., 255 App. Div. 741, affd. 281 N. Y. 704.) Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present—Bergan, P. J., Coon, Gibson, Herlihy and Taylor, JJ.

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18 A.D.2d 1121, 239 N.Y.S.2d 55, 1963 N.Y. App. Div. LEXIS 4026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-wakefield-v-gus-schlaiers-sons-iron-works-nyappdiv-1963.

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