Legal Opinion
Claim of Berenberg v. Park Memorial Chapel
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 1955PublishedCited by 11 opinions
1Opinion of the CourtZeller, J.
The issue presented upon this appeal is whether the Workmen’s Compensation Board may require an insurance carrier to pay compensation to a claimant for disability due to an assault by a coemployee, arising out of and in the course of employment, after the claimant has effected a settlement of damages with the coemployee without the approval of the carrier.
The employer operated an undertaking establishment where both the claimant and the coemployee worked. While in the course of his employment on the employer’s premises, an argument arose between the claimant and the coemployee concerning the…
2Cases cited5 opinions
- DeCoigne v. Ludlum Steel Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Mazarredo v. LevineAppellate Division of the Supreme Court of the State of New York · 1948
- Claim of Beekman v. W. A. Brodie, Inc.New York Court of Appeals · 1928
- Matter of Roth v. Harlem Funeral Car CompanyNew York Court of Appeals · 1935
- Claim of Roth v. Harlem Funeral Car Co.Appellate Division of the Supreme Court of the State of New York · 1935
3Cited by11 opinions
- Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
- Claim of Petterson v. Daystrom Corp.New York Court of Appeals · 1966
- Wojcik v. Aluminum Co. of AmericaNew York Supreme Court · 1959
- Lang v. William Bros Boiler & Manufacturing Co.Supreme Court of Minnesota · 1957
- Dickerson v. Orange State Oil CompanyDistrict Court of Appeal of Florida · 1960
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