Claim of Warmack v. Marlin Rockwell Corp.

Appellate Division of the Supreme Court of New York

Claim of Warmack v. Marlin Rockwell Corp.

273 A.D. 932, 77 N.Y.S.2d 823, 1948 N.Y. App. Div. LEXIS 5320

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

DecidedMarch 31, 1948

StatusPublished

Cited by1 cases

This text of 273 A.D. 932 (Claim of Warmack v. Marlin Rockwell Corp.) 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 Warmack v. Marlin Rockwell Corp., 273 A.D. 932, 77 N.Y.S.2d 823, 1948 N.Y. App. Div. LEXIS 5320 (N.Y. Ct. App. 1948).

Pincite

Opinion

Appeal by employer and insurance carrier from an award of compensation. Appellants contend that the award should have been made against the Fund for Reopened Cases under section 25-a of the Workmen’s Compensation Law. Claimant was first injured in 1936, and his case was closed in that year. In 1945, more than seven years later, it was reopened. The board has found however that the employer made an advance payment of compensation within three years from the date of the application to reopen by furnishing medical treatment. There is evidence to sustain the finding. Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Heffernan, Brewster and Foster, JJ., concur; Deyo, J., dissents and votes to reverse and remit the matter to the board for the purpose of making an award against the Special Fund.

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Appeal by employer and insurance carrier from an award of compensation. Appellants contend that the award should have been made against the Fund for Reopened Cases under section 25-a of the Workmen’s Compensation Law. Claimant was first injured in 1936, and his case was closed in that year. In 1945, more than seven years later, it was reopened. The board has found however that the employer made an advance payment of compensation within three years from the date of the application to reopen by furnishing medical treatment. There is evidence to sustain the finding. Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Heffernan, Brewster and Foster, JJ., concur; Deyo, J., dissents and votes to reverse and remit the matter to the board for the purpose of making an award against the Special Fund.

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Bluebook (online)

273 A.D. 932, 77 N.Y.S.2d 823, 1948 N.Y. App. Div. LEXIS 5320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-warmack-v-marlin-rockwell-corp-nyappdiv-1948.

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