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Matter of Gordon v. Elmira

Appellate Division of the Supreme Court of New York, Third Department
Mar 1, 1929
226 App. Div. 703 (N.Y. App. Div. 1929)

Opinion

March, 1929.

Appeal from State Industrial Board.


Decision affirmed. Van Kirk, P.J., Hinman, Whitmyer and Hasbrouck, JJ., concur; Hill, J., dissents, with a memorandum.


The care and benefits enjoined by section 13 Work. Comp. of the Workmen's Compensation Law are here incidental to decedent's disability occasioned by his injury. (Workmen's Compensation Law, § 12.) He later died from the effects of the injury. The expenses of such care and benefits were not an element of the damages in the action brought by the widow as administratrix under the Decedent Estate Law (§ 130). The widow is entitled to receive this award which is incidental to disability. ( Matter of Sienko v. Bopp Morgenstern, 248 N.Y. 40.) Section 13 Work. Comp. of the Workmen's Compensation Law prior to the amendment which became effective July 1, 1927 (Laws of 1927, chap. 553), authorized an award for the care and benefits mentioned, other than for physicians' services. ( Sandberg v. Seymour Dress Co., 215 App. Div. 728; affd., 242 N.Y. 497; Lam v. Wolff Advertising Company, 224 App. Div. 801.) The amendment authorized an award for the services of a physician. Being procedural it applies to pending matters. ( Lazarus v. Metropolitan Elevated Railway Company, 145 N.Y. 581.) I favor reversal.

Amd. by Laws of 1924, chap. 318. — [REP.

Added by Laws of 1920, chap. 919. — [REP.


Summaries of

Matter of Gordon v. Elmira

Appellate Division of the Supreme Court of New York, Third Department
Mar 1, 1929
226 App. Div. 703 (N.Y. App. Div. 1929)
Case details for

Matter of Gordon v. Elmira

Case Details

Full title:In the Matter of the Claim of JENNIE GORDON, Appellant, against ELMIRA…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 1, 1929

Citations

226 App. Div. 703 (N.Y. App. Div. 1929)