Legal Opinion

Hutchinson v. Rufus Darrow's Son, Inc.

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

Decided May 6, 1925Published

1Opinion of the Court

Hinman, J.:

The appeal is taken upon the ground that the propriety of the commutation to a lump sum award was not established by competent evidence. Section 25 of the Workmen’s Compensation Law provides: “ The Industrial Board, whenever it shall so deem advisable, may commute such periodical payments to one or more *752lump sum payments to the injured employee, or, in case of death, his dependents, provided the same shall be in the interests of justice.” The primary rule of the statute is that periodical payments shall be made. The lump sum award is a departure from the general -rule and the…

2Cases cited3 opinions

  1. Claim of Adams v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1916
  2. Claim of Lauritzen v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1920
  3. Bell v. FraserAppellate Division of the Supreme Court of the State of New York · 1924

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