Claim of Wyski v. Brewer Dry Dock Co.

Appellate Division of the Supreme Court of New York

Claim of Wyski v. Brewer Dry Dock Co.

251 A.D. 769, 295 N.Y.S. 900, 1937 N.Y. App. Div. LEXIS 7437

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

DecidedMay 12, 1937

StatusPublished

Cited by1 cases

This text of 251 A.D. 769 (Claim of Wyski v. Brewer Dry Dock 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 Wyski v. Brewer Dry Dock Co., 251 A.D. 769, 295 N.Y.S. 900, 1937 N.Y. App. Div. LEXIS 7437 (N.Y. Ct. App. 1937).

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Opinion

The employer and insurance carrier have appealed from a decision of the^Industrial Board awarding claimant $556.85 for medical expenses with a lien thereon of $350 to a physician. Claimant was injured on May 26, 1925. He filed claim for compensation and awards were made in his favor. Payment of compensation was completed on October 16, 1925. After the expiration of more than seven years the award appealed from was made. The only question presented is whether or not this claim comes within the purview of section 25-a of the Workmen’s Compensation Law. The court is of the opinion that medical expenses incurred by the claimant must be deemed to be part of his compensation. The Board has no authority to make an award against the employer and insurance carrier. The [770]*770decision of the Industrial Board should, be modified by reversing the award as to the appellants and directing that the matter be remitted to the State Industrial Board with directions to make an award against the Special Fund in accordance with the provisions of section 25-a of the Workmen’s Compensation Law. Award modified by reversing the award as against the appellants and directing that the amount of the award be paid from the Special Fund, provided under section 25-a of the Workmen’s Compensation Law, and as so modified, the award is unanimously affirmed, with costs to the appellants against the State Industrial Board. Present —■ Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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The employer and insurance carrier have appealed from a decision of the^Industrial Board awarding claimant $556.85 for medical expenses with a lien thereon of $350 to a physician. Claimant was injured on May 26, 1925. He filed claim for compensation and awards were made in his favor. Payment of compensation was completed on October 16, 1925. After the expiration of more than seven years the award appealed from was made. The only question presented is whether or not this claim comes within the purview of section 25-a of the Workmen’s Compensation Law. The court is of the opinion that medical expenses incurred by the claimant must be deemed to be part of his compensation. The Board has no authority to make an award against the employer and insurance carrier. The [770]*770decision of the Industrial Board should, be modified by reversing the award as to the appellants and directing that the matter be remitted to the State Industrial Board with directions to make an award against the Special Fund in accordance with the provisions of section 25-a of the Workmen’s Compensation Law. Award modified by reversing the award as against the appellants and directing that the amount of the award be paid from the Special Fund, provided under section 25-a of the Workmen’s Compensation Law, and as so modified, the award is unanimously affirmed, with costs to the appellants against the State Industrial Board. Present —■ Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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Bluebook (online)

251 A.D. 769, 295 N.Y.S. 900, 1937 N.Y. App. Div. LEXIS 7437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-wyski-v-brewer-dry-dock-co-nyappdiv-1937.

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