Legal Opinion

Claim of Alpert v. J. C. & W. E. Powers, Employer

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

Decided November 15, 1917PublishedCited by 1 opinion

Appeal from an award of the State Industrial Commission, entered in the office of the Commission August 3, 1917, and a continuation thereof. Award affirmed. All concurred, except Woodward, J., dissenting with opinion, in which Sewell, J., concurred.

1Opinion of the Court

Woodward, J. (dissenting):

The claimant, Leo Alpert, in presenting his demand for compensation, fixes the date of his alleged accident at the tenth day of April, and the hour of the day at three-thirty p. m. In a statement in his own handwriting, which he claims was copied from a statement prepared for him by an agent of the insurance carrier, he says that on the 10th day of April, 1917, “ I was doing my usual work on the press I always work on and about 11 a. m. I began to have cramps in my stomach but I kept to work until 12 o’clock, then I took a little rest, laying *903down in the shop at my…

2Cases cited1 opinion

  1. Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911

3Cited by1 opinion

  1. Claim of Cavalier v. Chevrolet Motor Co.Appellate Division of the Supreme Court of the State of New York · 1919

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