Legal Opinion

Matter of Erickson v. . Preuss

New York Court of Appeals

Decided May 7, 1918PublishedCited by 15 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 14, 1918, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The theory of the New York law is not indemnity for loss of a member or physical impairment as such, but compensation for disability to Work made on the basis of average weekly wages.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 14, 1918, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The theory of the New York law is not indemnity for loss of a member or physical impairment as such, but compensation for disability to Work made on the basis of average weekly wages. (Marhoffer v. Marhoffer, 220 N. Y. 543; Matter of Winfield, 216 N. Y. 284; N. Y. C. R. R. Co. v. White, 243 U. S. 188; Matter of…

1Per curiam

On the 16th day of August, 1916, the claimant was employed by one Max Preuss in a laundry operated by him. While thus employed, on the day named, a revolving shaft attached to an electrically operated washing machine caught her hair and she sustained very serious injuries, including an extensive laceration of the scalp. Her injuries resulted, among others, in a serious facial disfigurement, the nature of which, according to the findings of the commission, consisted of a long scar commencing at the top of the right ear, crossing the temple, “ following the upper orbital margin down to the…

2Cases cited3 opinions

  1. Shanahan v. . Monarch Engineering Co.New York Court of Appeals · 1916
  2. Matter of Marhoffer v. . MarhofferNew York Court of Appeals · 1917
  3. Matter of Winfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1915

3Cited by15 opinions

  1. Montgomery v. DanielsNew York Court of Appeals · 1975
  2. Bethlehem-Sparrows Point Shipyard, Inc. v. DamasiewiczCourt of Appeals of Maryland · 1947
  3. Matter of Sweeting v. . American Knife Co.New York Court of Appeals · 1919
  4. New York Cent. R. Co. v. Bianc. American Knife Co. v. Sweeting. Clark Knitting Co., Inc. v. VaughnSupreme Court of the United States · 1919
  5. Clark v. HayesAppellate Division of the Supreme Court of the State of New York · 1924

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