Legal Opinion

Claim of O'Esau v. E. W. Bliss Co.

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

Decided June 30, 1919PublishedCited by 24 opinions

Appeal by the defendants, E. W. Bliss Company and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 27th day of January, 1919.

1Opinion of the Court

Woodward, J.:

The only question necessary to be considered here is whether the failure of the claimant to file a claim within the period of one year from the time of the accident may be disregarded upon the theory that the employer, by continuing the employee in its service, worked an estoppel. On the - 15th of November, 1917, the State Industrial Commission made an award to John M. O’Esau, holding that the employer and insurance carrier were estopped to urge the provisions of section 28 of the Workmen’s Compensation Law. (O’Esau v. Bliss Co., 14 State Dept. Rep. 696.) From this award an…

2Cases cited7 opinions

  1. The HarrisburgSupreme Court of the United States · 1886
  2. Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
  3. Wooden v. West. N. Y. & Penn. RailroadNew York Court of Appeals · 1891
  4. Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
  5. Wilmore v. . FlackNew York Court of Appeals · 1884

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3Cited by24 opinions

  1. Lindblom v. Employers' Liability Assurance Corp.Montana Supreme Court · 1930
  2. Schrabauer v. Schneider Engraving Product, Inc.Missouri Court of Appeals · 1930
  3. Kobilkin v. PillsburyCourt of Appeals for the Ninth Circuit · 1939
  4. American Mutual Liability Insurance v. HamiltonSupreme Court of Virginia · 1926
  5. Claim of Cheesman v. CheesmanNew York Court of Appeals · 1923

19 more not listed; retrieve them via the Exa API.

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