Claim of Bailey v. Columbian Rope Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Columbian Rope Company and another, from an award, order and decision of the State Industrial Commission dated July 3, 1918, directing payment to the State Insurance Fund under section 27 of the Workmen’s Compensation Law of the net present value of future installments of compensation awarded to the dependent mother of the deceased.
1Opinion of the Court
John M. Kellogg, P. J.:
By subdivision 4 of section 16 of the Workmen’s Compensation Law, an award to a dependent mother is only payable during her dependency.
*719In Adams v. New York, Ontario & Western R. Co. (175 App. Div. 714; 220 N. Y. 579) it was held that the Commission could not commute future payments directed to be made to a widow during widowhood. After that decision it was provided, by chapter 705 of the Laws of 1917, that commutations under section 27 shall be upon the basis of the Survivorship Annuitants’ Table of Mortality and the Remarriage Tables of the Dutch Royal Insurance…
2Cases cited2 opinions
- Claim of Adams v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Matter of Adams v. . New York, Ontario and W. Railway Co.New York Court of Appeals · 1917
3Cited by3 opinions
- Claim of Wagner v. Wilson & Co.New York Court of Appeals · 1929
- Claim of Szuba v. George Laub's Son'sAppellate Division of the Supreme Court of the State of New York · 1946
- Pacenza v. Booth & Flinn, Ltd.Appellate Division of the Supreme Court of the State of New York · 1937