Legal Opinion

Claim of Wagner v. Wilson & Co.

New York Court of Appeals

Decided May 28, 1929PublishedCited by 8 opinions

1Opinion of the Court

Cardozo, Ch. J.

An award has been made to the dependent father of a workman killed in the course of his employment, and the award has been commuted in respect of future installments by requiring the payment of a gross sum. The father is an alien, not a resident of the United States or Canada. The question is whether the computation of the gross payment is in accordance with the statute.

Section 16 of the Workmen’s Compensation Law (Cons. Law;s, ch. 67) prescribes the award of death benefits for citizens of the United States and for aliens residing in the United States or in Canada.

If there be a…

2Cases cited4 opinions

  1. Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
  2. Claim of Adams v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1916
  3. Matter of Adams v. . New York, Ontario and W. Railway Co.New York Court of Appeals · 1917
  4. Claim of Bailey v. Columbian Rope Co.Appellate Division of the Supreme Court of the State of New York · 1918

3Cited by8 opinions

  1. Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
  2. Claim of Brophy v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1934
  3. Andrews v. GoodmanCity of New York Municipal Court · 1936
  4. Claim of Russel v. 231 Lexington Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1932
  5. Matter of Stachowiak v. O'Rourke Baking Co.New York Court of Appeals · 1939

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