Legal Opinion
Claim of Wright v. Pleasant Waste Material Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 1957PublishedCited by 2 opinions
1Opinion of the CourtFoster, P. J.
This is an appeal by an employer and its insurance carrier from a decision and posthumous schedule award of compensation made by the Workmen’s Compensation Board to the dependent mother of a deceased employee.
The sole issue on appeal is whether the settlement of a third-party action for personal injuries, or pain and suffering alone, brought by the administratrix of the decedent’s estate, without the consent of the carrier bars the award, but in view of the state of the record it is not possible to give a clear answer to the question.
On August 26, 1944, and during the course of his…
2Cases cited3 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Taylor v. New York Central R.R. Co.New York Court of Appeals · 1945
- John D. Park & Sons Co. v. HubbardNew York Court of Appeals · 1910
3Cited by2 opinions
- Graziano v. Medford Plaza Associates, Ltd.Appellate Division of the Supreme Court of the State of New York · 2003
- Guiltinan v. Columbia Presbyterian Medical CenterNew York Supreme Court · 1978