Legal Opinion
Claim of Kelly v. Sugarman
New York Court of Appeals
Decided February 28, 1963PublishedCited by 7 opinions
1Opinion of the CourtFuld, J.
An award of death benefits to the claimant for a dependent child of a deceased employee having been affirmed by the Appellate Division, we granted leave to consider the question whether a mentally deficient adult may be deemed totally disabled under section 16 of the Workmen’s Compensation Law so as to entitle him to such an award.
The facts are not in dispute. The claimant’s son, now 31 years old, is feeble-minded and unable to support himself. Indeed, his intelligence has been estimated as that of a five-year-old child and, according to one physician, who testified before the board, his…
2Cases cited2 opinions
- Claim of Goldberg v. Michaels Optical Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Matter of Fluhr v. Henry J. Lunde, Inc.New York Court of Appeals · 1934
3Cited by7 opinions
- Department of Public Works & Buildings ex rel. People v. MellingAppellate Court of Illinois · 1966
- Claim of Plew-Jourdanais v. Adirondack Heating & Frost Insulators, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Casillas v. S.W.I.G.New Mexico Court of Appeals · 1981
- Casillas v. S.W.I.G.New Mexico Court of Appeals · 1981
- Goncalves v. Regent International Hotels, Ltd.New York Court of Appeals · 1983
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