Legal Opinion

Claim of the State Treasurer v. West Side Trucking Co.

New York Court of Appeals

Decided April 18, 1922PublishedCited by 24 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 29, 1921, affirming an award of the state industrial board, made under the Workmen’s Compensation Law.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 29, 1921, affirming an award of the state industrial board, made under the Workmen’s Compensation Law. The legislature intended in enacting subdivision 7 (section 15 of the Compensation Law), that the insurance carrier shall pay to the state treasurer for every case of injury causing death in which there is no person of those enumerated in subdivisions 2, 3 and 4 of section 16 surviving the deceased the stun of $100. (Matter of State Industrial Commission v. Newman, 222 N. Y.…

1Opinion of the CourtMcLaughlin, J.

On the 31st of January, 1920, Richard Cook, an employee of the West Side Trucking Company, received a personal injury which resulted in his death shortly thereafter. Notice of his death was given by the employer and insurance carrier to the state industrial board. On the twentieth of July following a hearing, by reason of the notice thus given, was had by the board at which the. only appearance was the representative of the insurance carrier. This representative stated to the board ■—• no evidence being taken — that he understood the deceased left a widowed mother, dependent upon him for…

2Cases cited4 opinions

  1. Matter of Carroll v. . Knickerbocker Ice Co.New York Court of Appeals · 1916
  2. Matter of Belcher v. . Carthage Machine Co.New York Court of Appeals · 1918
  3. Matter of State Industrial Comm. v. . NewmanNew York Court of Appeals · 1918
  4. Matter of Hansen v. . Turner Construction Co.New York Court of Appeals · 1918

3Cited by24 opinions

  1. Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
  2. Phoenix Indemnity Co. v. Staten Island Rapid Transit Railway Co.New York Court of Appeals · 1929
  3. Matter of Industrial Comr. (Siguin) v. McCarthyNew York Court of Appeals · 1946
  4. Federal Mut. Liability Ins. v. LockeCourt of Appeals for the Second Circuit · 1932
  5. Branham v. Terminal Shipping Co.Court of Appeals for the Fourth Circuit · 1943

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