Thompson v. Mason, Au & Magenheimer

Appellate Division of the Supreme Court of New York

Thompson v. Mason, Au & Magenheimer

253 A.D. 854, 1 N.Y.S.2d 390, 1938 N.Y. App. Div. LEXIS 8904

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

DecidedJanuary 12, 1938

StatusPublished

This text of 253 A.D. 854 (Thompson v. Mason, Au & Magenheimer) 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

Thompson v. Mason, Au & Magenheimer, 253 A.D. 854, 1 N.Y.S.2d 390, 1938 N.Y. App. Div. LEXIS 8904 (N.Y. Ct. App. 1938).

Pincite

Opinion

Appeal from an award of disability compensation under the Workmen’s Compensation Law. Claimant received a serious injury to his leg. Some three or four weeks subsequent to this injury symptoms of mental illness developed, and he was later committed to an institution for the insane. The State Industrial Board has found that the injuries to his leg and their resultant effects precipitated an acute confusional psychosis, which necessitated claimant’s removal and confinement in the State hospital for the insane. There is no proper evidence in the record to sustain this finding. There does appear in the record, however, an unverified medical report made by a physician, who was not sworn as a witness, which would have sustained this finding if made under oath. Upon a rehearing this statement may be properly sworn to, thus sustaining an award. Award reversed and claim remitted, with costs to the appellant against the State Industrial Board. Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ., concur.

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Appeal from an award of disability compensation under the Workmen’s Compensation Law. Claimant received a serious injury to his leg. Some three or four weeks subsequent to this injury symptoms of mental illness developed, and he was later committed to an institution for the insane. The State Industrial Board has found that the injuries to his leg and their resultant effects precipitated an acute confusional psychosis, which necessitated claimant’s removal and confinement in the State hospital for the insane. There is no proper evidence in the record to sustain this finding. There does appear in the record, however, an unverified medical report made by a physician, who was not sworn as a witness, which would have sustained this finding if made under oath. Upon a rehearing this statement may be properly sworn to, thus sustaining an award. Award reversed and claim remitted, with costs to the appellant against the State Industrial Board. Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ., concur.

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Bluebook (online)

253 A.D. 854, 1 N.Y.S.2d 390, 1938 N.Y. App. Div. LEXIS 8904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-mason-au-magenheimer-nyappdiv-1938.