Claim of Smith v. City of Rochester

Claimant worked as a laborer for the of Rochester, a self-insured employer. On November 29, 1951, while raking leaves in a city park he fell and was injured. The city duly filed a report of the injury and the employee filed a claim for compensation. The city neither paid any compensation nor did it file a notice that it controverted the claim on the C-7 report used for that purpose.

The position it took before the hoard was, and on this appeal continues to be, that until an award of compensation is actually made it was not under any requirement to pay compensation; and, indeed, that it could…