Fostner v. Morawitz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtVan Kirk, J.
The employer and carrier did not have a fair trial. The referee was arbitrary in his rulings and his conduct destroys confidence in his judgment. The award made is not supported by the evidence. Dr. Fineberg’s testimony that in his opinion such scars as were present on the face will disappear is not directly disputed, though it may be disputed by inference. When we reversed the former award in this case we indicated what was to be considered as a facial disfigurement. Unless the disfigurement is on the face, is serious and is permanent, an award for serious facial disfigurement may not be…
2Cases cited1 opinion
- Caldana v. BuezenburgAppellate Division of the Supreme Court of the State of New York · 1923
3Cited by3 opinions
- Echols v. Chattooga Mercantile CompanyCourt of Appeals of Georgia · 1946
- Shillinglaw v. Springs Cotton MillsSupreme Court of South Carolina · 1946
- Weiss v. LaffmanCivil Court of the City of New York · 1964