Matter of Modra v. . Little
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 17, 1917, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The burden of proof that there is a loss of the use of a foot rests on the claimant; there is no presumption under the Compensation Law that there is a loss of the use of a foot.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 17, 1917, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The burden of proof that there is a loss of the use of a foot rests on the claimant; there is no presumption under the Compensation Law that there is a loss of the use of a foot. (Grammici v. Zinn, 219 N. Y. 322; Kanzar v. Acorn Mfg. Co., 219 N. Y. 326; Boscarino v. Carfagno & Dragonette, Inc., 220 N. Y. 323;…
1Opinion of the CourtHogan, J.
August 29th, 1916, the claimant while engaged in the regular course of his employment as a painter fell from an upright ladder and sustained a compound fracture of the left leg and bruises. September 20th, 1916, an agreement was entered into between the claimant and the employer for the payment of compensation at the rate of $15 weekly for total temporary disability between August 29th, the date of the accident, and September 19th, 1916. The agreement was subsequently approved by the commission and further, payments thereunder were made by the employer down to April 25th, 1917. In May, 1917,…
2Cases cited4 opinions
- Matter of Grammici v. . ZinnNew York Court of Appeals · 1916
- Sneck v. Travellers' InsuranceNew York Supreme Court · 1895
- Claim of Boscarino v. Carfagno & Dragonette, Inc.New York Court of Appeals · 1917
- Sneck v. . Travelers' Insurance Company of HartfordNew York Court of Appeals · 1898
3Cited by8 opinions
- Virginia Oak Flooring Co. v. ChrisleySupreme Court of Virginia · 1954
- State, Ex Rel. v. Ind. Com.Ohio Supreme Court · 1946
- Globe Indemnity Co. v. Industrial CommissionSupreme Court of Colorado · 1919
- Studebaker Corp. v. WarnerIndiana Court of Appeals · 1921
- Claim of Chimora v. International Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1920
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