O'Brien v. Knickerbocker Ice Co.

Hinman, J.:

An award was made to claimant for fifty per cent loss of use of his left arm. He was a helper on an ice wagon. The wagon on which he was riding was struck in the rear by a motor truck, causing him to be thrown to the street. He filed a notice of election to sue the third party,and to make claim to compensation for any deficiency between the amount recovered in such action and the compensation to which he might be entitled under the Workmen’s Compensation Law. Section 29 of that law provides that if an injured employee elects to proceed against a third party, the State Insurance…