Legal Opinion
Claim of McDonough v. Whitney Point Central School
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 1961PublishedCited by 5 opinions
1Opinion of the CourtHerlihy, J.
This is an appeal by the employer and carrier from a decision and award of the Workmen’s Compensation Board which determined that the contraction of mumps by a first-grade school teacher during an epidemic constituted an accident and that the resulting disability due to encephalitis was compensable.
In December, 1958, the claimant was engaged in teaching the first grade in the employer’s school. She testified there were 32 pupils and because of their ages which averaged six years and their inability to help themselves, she came in close personal contact with the children due to helping them…
2Cases cited10 opinions
- Matter of Connelly v. Hunt Furniture Co.New York Court of Appeals · 1925
- Matter of Lerner v. Rump Bros.New York Court of Appeals · 1925
- Claim of Jeffreyes v. Charles H. Sager Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Matter of Jeffreyes v. . Charles H. Sager CompanyNew York Court of Appeals · 1922
- Claim of Gardner v. New York Medical CollegeAppellate Division of the Supreme Court of the State of New York · 1952
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3Cited by5 opinions
- Middleton v. Coxsackie Correctional FacilityNew York Court of Appeals · 1975
- Matter of Pierre v. ABF Frgt.Appellate Division of the Supreme Court of the State of New York · 2022
- Matter of Holder v. Office for People with Dev. DisabilitiesAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Anderson v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2024
- Matter of Aungst v. Family DollarNew York Court of Appeals · 2025