Legal Opinion

Matter of Clark v. . Voorhees

New York Court of Appeals

Decided April 19, 1921PublishedCited by 21 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 9, 1920, affirming an award of the state industrial commission made under the Workmen’s Compensation Law.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 9, 1920, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The practice by the commission in this case, of" incorporating the opinion of Commissioner Henry D. Sayer and the opinion of the state industrial commission as part of the findings in this case, was erroneous, irregular and contrary to the meaning and the provisions of the Workmen’s Compensation Law of the state of New York. Within a recent decision of the Court of…

1Opinion of the CourtMcLaughlin, J.

This appeal is from an order of the Appellate Division, third department, affirming, two of the justices dissenting, an award of the state industrial commission, made under the Workmen’s Compensation Law (Cons. Laws, chap. 67) to the widow of John C. Clark.

■ The facts, as found by the state industrial commission, are that Clark, for some time prior to his death, was employed as a salesman by William Voorhees, a wholesale dealer in fruit and vegetables. Early in the morning of May 30, 1918, Clark left his employer’s place of business for the purpose of going to a restaurant between four and…

2Cases cited8 opinions

  1. Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
  2. Claim of Kowalek v. New York Consolidated RailroadNew York Court of Appeals · 1920
  3. McInerney v. Buffalo & Susquehanna RailroadNew York Court of Appeals · 1919
  4. Matter of Di Salvio v. . Menihan Co.New York Court of Appeals · 1919
  5. Matter of Daly v. . Bates RobertsNew York Court of Appeals · 1918

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Claim of Davis v. Newsweek MagazineNew York Court of Appeals · 1953
  2. California C. I. Exch. v. Indus. Acc. Com.California Supreme Court · 1923
  3. Claim of Leatham v. Thurston & BraidichAppellate Division of the Supreme Court of the State of New York · 1942
  4. Tinsman Manufacturing Company, Inc. v. SparksSupreme Court of Arkansas · 1947
  5. Matter of Johnson v. SmithNew York Court of Appeals · 1933

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