Claim of Chludzinski v. Standard Oil Co.
Appellate Division of the Supreme Court of the State of New York
Certification by the State Industrial Commission to the Appellate Division, Third Department, of the following question: “ Were the injuries which resulted in the death of Anthony Chludzinski accidental injuries and did they arise out of and in the course of his employment, within the meaning of the Workmen’s Compensation Law ? ” The Commission determined as a fact that the injuries were accidental injuries and arose out of and in the course of his employment, and certified…
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Certification by the State Industrial Commission to the Appellate Division, Third Department, of the following question: “ Were the injuries which resulted in the death of Anthony Chludzinski accidental injuries and did they arise out of and in the course of his employment, within the meaning of the Workmen’s Compensation Law ? ” The Commission determined as a fact that the injuries were accidental injuries and arose out of and in the course of his employment, and certified the facts to the court for its consideration.
1Opinion of the Court
Kellogg, P. J.:
The Commission states that it certifies to the court the question as a question of law. It has, however, determined, as a matter of fact, that the death resulted from accidental injuries which arose out of and in the course of the employment. W e interpret the question to mean whether there is evidence to sustain their findings of fact, for in the absence of such evidence their findings would be an error of law.
The deceased, while in the employ of the Standard Oil Company at its refinery at Buffalo, during business hours, about *89three, forty-five in the afternoon, while dressed…
2Cited by8 opinions
- Whiting-Mead Commercial Co. v. Indus. Accident Comm'nCalifornia Supreme Court · 1918
- Kaletha v. Hall Mercantile Co.Supreme Court of Minnesota · 1923
- Steel Sales Corp. v. Industrial CommissionIllinois Supreme Court · 1920
- Taylor v. Industrial CommissionOhio Court of Appeals · 1920
- Lovallo v. American Brass Co.Supreme Court of Connecticut · 1931
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