Claim of Toomey v. New York State Legislature

A duly elected Assemblyman died of a heart attack in a hotel in Albany. His widow filed a claim for compensation under the Workmen’s Compensation Law. Before passing on the other questions which might be involved, the compensation Referee has certified, under rule 12 of the Workmen’s Compensation Board, as a novel question: “ Is a duly elected Assemblyman of the State of New York in the employ of the State of New York within the meaning of Section 3, Group 16, of the Workmen’s Compensation Law ? ’ ’ The full board has unanimously answered the question “ No.” The claimant appeals to this court…