Legal Opinion
Claim of Babb v. Conboy & Brown Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 23, 1934Published
1Opinion of the CourtHill, P. J.
The Industrial Board has awarded to each of the minor brothers and sisters of Louis Babb, deceased, fifteen per cent of the average weekly wage of decedent. Besides the minor brothers and sisters, he was survived by a dependent mother. They all reside in the Province of New Brunswick, Canada. '
The award is assailed upon two grounds: (1) That section 17 of the. Workmen’s Compensation Law- governs, and that thereunder awards may not be made to dependent brothers and sisters residing in any foreign country including Canada, and as the mother has *12received a settlement in a third party action…
2Cases cited3 opinions
- Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
- Matter of Mallory v. American Bridge CompanyNew York Court of Appeals · 1933
- Ziegler v. Pictorial Review Co.Appellate Division of the Supreme Court of the State of New York · 1926