Legal Opinion · Dissent

Claim of Flo v. General Electric Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 21, 1957Published

1DissentBergan, J.

The statute setting up disability benefits is laid on a very broad base. (Disability Benefits Law, § 203.) It does not provide merely that benefits are payable if the disability occurs at precisely the time a claimant is doing work for wages; rather the right flows from the relationship.

Benefits, so the statute runs, shall be payable to “ employees ” of a covered employer. It is not required they be drawing pay for hire when disability occurs; but rather that they be “ in employment ”, which is a more inclusive term and which could reasonably contemplate temporary leaves of absence where it…

2Cases cited3 opinions

  1. Claim of Russomanno v. Leon Decorating Co.New York Court of Appeals · 1954
  2. Claim of Kriete v. ShipyardsNew York Court of Appeals · 1955
  3. Claim of Kriete v. Todd ShipyardsAppellate Division of the Supreme Court of the State of New York · 1954

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