Legal Opinion · Dissent

Claim of Maricle v. Glazier

New York Court of Appeals

Decided July 14, 1954Published

1DissentVan Voorhis, J.

The deceased employee recovered from the hernia, which he sustained in an industrial accident. Death benefits have been allowed although the cause of death was suicide a month later. The cause of his suicide was a depressive psychosis, which has been found, as it seems to me without evidence of any probative force to sustain the finding, to have been caused by worry consequent upon the hernia. It is, of course, unnecessary in workmen’s compensation cases, to establish fault on the part of the employer as a basis for liability, but it is necessary to prove that death or disability was caused…

2Cases cited6 opinions

  1. Claim of McCormack v. National City BankNew York Court of Appeals · 1951
  2. Strohm v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
  3. Balestrero v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1954
  4. Claim of Brown v. New York State Training School for GirlsNew York Court of Appeals · 1941
  5. Claim of Pushkarowitz v. A. & M. KramerNew York Court of Appeals · 1950

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