Claim of Boscarino v. Carfagno & Dragonette, Inc.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1916, which affirmed an award of the State Industrial Commission under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1916, which affirmed an award of the State Industrial Commission under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. It was unjust for the commission to determine that because the scar upon the cornea might interfere with the claimant’s capacity to read or to do other fine work he should be awarded as if he had lost the use of his right eye. (Matter of Grammici v. Zinn, 219 N. Y. 322; Matter of Kanzar v. Acorn Mfg. Co., 219 N. Y.…
1Opinion of the CourtCuddeback, J.
The state industrial commission has awarded claimant in this case compensation for the loss of the use of the right eye, which, under the Workmen’s Compensation Law, is the equivalent of the loss of the eye.
The finding of the commission, which was affirmed at the Appellate Division by a divided court, is that the claimant was employed in caulking a water main when “ a chip of lead was accidentally thrown into his right eye, causing an abrasion of the cornea, resulting in iritis, and eventually in the loss of eighty per cent of the vision of that eye, and the consequent loss of use of the…
2Cases cited3 opinions
- In Re the Claims of PetrieNew York Court of Appeals · 1915
- Matter of Grammici v. . ZinnNew York Court of Appeals · 1916
- Sheanon v. Pacific Mutual Life InsuranceWisconsin Supreme Court · 1890
3Cited by11 opinions
- Moray v. Industrial CommissionUtah Supreme Court · 1921
- American Zinc Co. v. LuskTennessee Supreme Court · 1923
- Globe Indemnity Co. v. Industrial CommissionSupreme Court of Colorado · 1919
- Matter of Modra v. . LittleNew York Court of Appeals · 1918
- Roveran v. Franklinshire Worsted MillsSuperior Court of Pennsylvania · 1936
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