Legal Opinion

Matter of Terry v. . General Electric Co.

New York Court of Appeals

Decided November 22, 1921PublishedCited by 8 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July. 8, 1921, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The state industrial commission and the industrial commissioner were without jurisdiction to make the award appealed from. (Wozneak v. Buffalo Gas Co., 175 App.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July. 8, 1921, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The state industrial commission and the industrial commissioner were without jurisdiction to make the award appealed from. (Wozneak v. Buffalo Gas Co., 175 App. Div. 268.) It was proper to award compensation to the estate of George H. Terry, deceased, which was actually due to him in his lifetime. (Lindfors v. Wheeler, 187 App. Div. 961; Farrell v. Swett Iron Works, 184 App.…

1Opinion of the CourtMcLaughlin, J.

On the 20th of January, 1917, George H. Terry, while in the employ of the appellant, slipped upon a sidewalk upon its premises and fractured one of his ribs. He filed a claim for compensation with the state industrial commission, which was allowed, and he was paid the amount awarded to him until February 18, 1917. Five days thereafter Terry returned to the appellant and was put to the same kind of work and paid the same wages as when injured. On March 17, 1917, the commission ordered the proceeding closed. Terry continued to work until the 22d of the following June, when he voluntarily quit…

2Cases cited1 opinion

  1. Matter of Casmey v. . George Parks' Sons Co., Inc.New York Court of Appeals · 1920

3Cited by8 opinions

  1. Kalisch-Jarcho, Inc. v. City of New YorkNew York Court of Appeals · 1983
  2. Claim of Hughes v. Trustees of St. Patrick's CathedralNew York Court of Appeals · 1927
  3. Southwestern Bell Tel. Co. v. SieglerSupreme Court of Arkansas · 1966
  4. Branham v. Terminal Shipping Co.Court of Appeals for the Fourth Circuit · 1943
  5. Claim of Hill v. Ancram Paper MillsAppellate Division of the Supreme Court of the State of New York · 1922

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