Legal Opinion

Claim of Alpert v. J. C. & W. E. Powers

New York Court of Appeals

Decided March 12, 1918PublishedCited by 26 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 19, 1917, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. There is no evidence supporting the findings of the commission that the hernia was an accidental injury, and the award should be reversed as error of law.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 19, 1917, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. There is no evidence supporting the findings of the commission that the hernia was an accidental injury, and the award should be reversed as error of law. (Fowler v. Risedorph Bottling Co., 175 App. Div. 224; M. A. Assn. v. Barry, 131 U. S. 100; Fenton v. Thorley, 5 B. W. C. C. 1; Moore v. L. V. R. R. Co., 169…

1Opinion of the CourtCrane, J.

While doing his work, the claimant became sick, and upon examination it was discovered that he had an inguinal hernia. The commission, after three hearings, has determined that it arose out of and in the course of his employment, and their determination has been affirmed in the Appellate Division by a divided court. It is pressed upon our attention that there is no evidence whatever to sustain the finding that there was an accidental injury within the terms of the Workmen’s Compensation Law; that, at most, the evidence shows that the claimant, while performing his usual work without accident…

2Cases cited1 opinion

  1. Madden's CaseMassachusetts Supreme Judicial Court · 1916

3Cited by26 opinions

  1. Matter of Jordan v. . Decorative Co.New York Court of Appeals · 1921
  2. United States Casualty Co. v. SmithCourt of Appeals of Georgia · 1925
  3. Gulf States Creosoting Co. v. WalkerSupreme Court of Alabama · 1932
  4. Johnson v. La Bolt Oil Co.South Dakota Supreme Court · 1934
  5. Woodward Iron Co. v. VinesSupreme Court of Alabama · 1928

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