Legal Opinion

Claim of McKiernan v. Schaefer Brewery Co.

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

Decided March 5, 1958Published

1Opinion of the Court

Appeal from a decision and award of the Workmen’s Compensation Board. Decedent was employed as a laundry supervisor and manager. His duties were supervisory. On Saturday, June 27, 1953 the laundry was not in operation, but maintenance work was being done. The proof is that in this work decedent took a supervisory part. Installation of a cement foundation was being made on that day and decedent was seen walking around overseeing this and there is proof that he discussed the installation of machinery with his assistant. There is no proof in the record that any one saw decedent on this day lift…

2Cases cited3 opinions

  1. Claim of Ptaszynski v. American Sugar Refining Co.New York Court of Appeals · 1953
  2. Claim of Ptaszynski v. American Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1952
  3. Claim of Cholet v. R. H. Macy & Co.Appellate Division of the Supreme Court of the State of New York · 1955

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