Legal Opinion

Pacenza v. Booth & Flinn, Ltd.

Appellate Division of the Supreme Court of the State of New York

Decided March 10, 1937Published

1Opinion of the CourtMcNamee, J.

The deceased was drowned in the course of his employment on June 9, 1920, and the Board made an award of periodic payments for death benefits to his dependent mother, who then was and since has remained a non-resident alien living in Italy.

The self-insured employer has ceased to do business and has wound up its affairs except the matter of this award. To dispose of this final item it made application to the State Industrial Board on April 24, 1936, to commute the payments to a lump sum, *226pursuant to the provisions of section 17 of the Workmen’s Compensation Law, and, coupled with the…

2Cases cited6 opinions

  1. Matter of Adams v. . New York, Ontario and W. Railway Co.New York Court of Appeals · 1917
  2. Claim of Wagner v. Wilson & Co.New York Court of Appeals · 1929
  3. Claim of Werenjchik v. Ulen Contracting Corp.New York Court of Appeals · 1930
  4. Claim of Bailey v. Columbian Rope Co.Appellate Division of the Supreme Court of the State of New York · 1918
  5. Claim of Dauphine v. BlairAppellate Division of the Supreme Court of the State of New York · 1927

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