Van Tassel v. Basic Refractories Corp.
This text of 216 A.D. 774 (Van Tassel v. Basic Refractories 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.
Opinion
The claimant, when the present award, as for total disability, was made, was receiving compensation from the same employer, as for a total disability, under a prior award for a prior accidental injury. Obviously, being already totally disabled, he was incapable of being again totally disabled, and the award in question should not have been made. Any other view would result in the claimant’s receiving from the same employer twice the maximum compensation prescribed by the Workmen’s Compensation Law. As long as the first award stands we think the claimant will be entitled to no further award. The award should be reversed, and matter remitted to the State Industrial Board. All concur. Award reversed and matter remitted, with costs against the State Industrial Board to abide the event.
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216 A.D. 774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-tassel-v-basic-refractories-corp-nyappdiv-1926.