Legal Opinion

New York Cent. R. Co. v. Bianc. American Knife Co. v. Sweeting. Clark Knitting Co., Inc. v. Vaughn

Supreme Court of the United States

Decided November 10, 1919No. Nos. 374, 375 and 376.—October Term, 1919PublishedCited by 29 opinions

ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK. The cases are stated in the opinion. The additional award is wholly unrelated to claimant’s ability to work. There is not the slightest intimation that the disfigurement has impaired claimant’s earning capacity beyond the period for which he was awarded a separate amount for the entire period of disability. Moreover, when that award was made, plaintiff had returned to . work.

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ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK. The cases are stated in the opinion. The additional award is wholly unrelated to claimant’s ability to work. There is not the slightest intimation that the disfigurement has impaired claimant’s earning capacity beyond the period for which he was awarded a separate amount for the entire period of disability. Moreover, when that award was made, plaintiff had returned to . work. Only impairment of earning power justifies compulsory payment of workmen’s compensation for disabling or fatal injuries…

1Opinion of the CourtJustice Pitney

1 The Workmen’s Compensation Law of the State of New York (c. 816, Laws 1913,. as amended and reenacted by c. 41, Laws 1914; Cons. Laws, c. 67), which was sustained by this court against attacks based upon the Fourteenth Amendment in New York Central R. R. Co. v. White, 243 U. S. 188, was amended by Laws 1916, c. 622, among other things by inserting in the 15th section, which contains the schedule of compensation for cases of disability, a clause reading as follows: “In case of an injury resulting in serious facial or head disfigurement the commission may in its discretion, make such award or…

2Cases cited4 opinions

  1. New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
  2. Mountain Timber Company v. State of WashingtonSupreme Court of the United States · 1916
  3. Matter of Sweeting v. . American Knife Co.New York Court of Appeals · 1919
  4. Matter of Erickson v. . PreussNew York Court of Appeals · 1918

3Cited by29 opinions

  1. Montgomery v. DanielsNew York Court of Appeals · 1975
  2. Breimhorst v. BeckmanSupreme Court of Minnesota · 1949
  3. Bethlehem-Sparrows Point Shipyard, Inc. v. DamasiewiczCourt of Appeals of Maryland · 1947
  4. Madin v. Industrial Accident CommissionCalifornia Supreme Court · 1956
  5. Stanley v. . Hyman-Michaels Co.Supreme Court of North Carolina · 1942

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