Legal Opinion
Claim of Clark v. Oakes & Burger Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 1962PublishedCited by 3 opinions
1Opinion of the CourtReynolds, J.
Appeal by the employer and its carrier from a decision of the Workmen’s Compensation Board. The sole question raised on this appeal is whether under the provisions of section 29 of the Worlonen’s Compensation Law claimant forfeited his right to possible deficiency compensation by agreeing, without the consent of the carrier, during the pend-ency of an appeal by his adversary to accept an amount in full payment of a judgment awarded him by a jury which was less than the amount of the judgment.
The facts are undisputed. Claimant, aged 66, sustained an industrial accident on July 8, 1959, when in…
2Cases cited6 opinions
- Voris v. EikelSupreme Court of the United States · 1953
- O'Brien v. LodiNew York Court of Appeals · 1927
- Ora Lee Bell v. Stephen O'hearne, Deputy Commissioner, Department of Labor, Bureau of Employees Compensation, Fifth Compensation DistrictCourt of Appeals for the Fourth Circuit · 1960
- Matter of Roth v. Harlem Funeral Car CompanyNew York Court of Appeals · 1935
- Claim of Gallagher v. Carol Construction Co.New York Court of Appeals · 1936
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3Cited by3 opinions
- Hornback v. Industrial CommissionArizona Supreme Court · 1970
- Kusiak v. Commercial Union Assurance CompaniesAppellate Division of the Supreme Court of the State of New York · 1975
- Nachison v. Phoenix of Hartford InsuranceAppellate Division of the Supreme Court of the State of New York · 1968