Matter of Humphrey v. State Ins. Fund
New York Court of Appeals
I. The Appellate Division was in error both on the law and on the facts. (Matter of Greenfield v. Moses, 169 Mise. 389, 257 App. Div. 809; Matter of Jones v. Wilcox, 80 App. Div. 167; Matter of Bchadler v. Graves, 258 App. Div. 451, 282 N. T. 716; People ex rel. Moriarty v. Creelman, 206 N. Y. 570; Bridgman v. Gosse, 157 Mise. 8, 246 App. Div. 632, 271N. Y. 535; Matter of Stork Restaurant, Inc., v. Boland, 282 N. Y. 256.) II.
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I. The Appellate Division was in error both on the law and on the facts. (Matter of Greenfield v. Moses, 169 Mise. 389, 257 App. Div. 809; Matter of Jones v. Wilcox, 80 App. Div. 167; Matter of Bchadler v. Graves, 258 App. Div. 451, 282 N. T. 716; People ex rel. Moriarty v. Creelman, 206 N. Y. 570; Bridgman v. Gosse, 157 Mise. 8, 246 App. Div. 632, 271N. Y. 535; Matter of Stork Restaurant, Inc., v. Boland, 282 N. Y. 256.) II. The very nature of respondent’s job required that he keep himself acquainted with the procedures adopted by the Workmen’s Compensation Board and he may not justify his…
1Opinion of the CourtFuld, J.
The State Insurance Fund, a State instrumentality established by the Workmen’s Compensation Law (art. 6), is a workmen’s compensation insurance carrier. As such, in addition to insuring employers against the liability imposed upon them by the compensation law, it is a self-insurer of its own employees. A “ due regard to the requirements of its [the fund’s] business affairs and its obligations ” (Workmen’s Compensation Law, § 82, subd. 2) as well as the obvious possibility of collusion, undue influence and divided loyalties, suggested the inadvisability of permitting claims by fund employees…
2Cases cited4 opinions
- Matter of Miller v. KlingNew York Court of Appeals · 1943
- Matter of Friedel v. Board of RegentsNew York Court of Appeals · 1947
- Epstein v. Board of Regents of the UniversityNew York Court of Appeals · 1946
- Matter of Stanton v. ValentineNew York Court of Appeals · 1944
3Cited by54 opinions
- Colton v. BermanNew York Court of Appeals · 1967
- Holland v. EdwardsNew York Court of Appeals · 1954
- Sowa v. LooneyNew York Court of Appeals · 1968
- In re the Arbitration between Shand & Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
- Wirzberger v. WatsonNew York Court of Appeals · 1953
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