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MATTER OF SCHAUBEL v. SIMONS, STEWART FOY, INC

Appellate Division of the Supreme Court of New York, Third Department
Jul 1, 1932
236 App. Div. 748 (N.Y. App. Div. 1932)

Opinion

July, 1932.


Award affirmed, with costs to the State Industrial Board. All concur, except Van Kirk, P.J., who dissents on the ground that section 17 Work. Comp. of the Workmen's Compensation Law provides that a dependent is one "whom the employee has supported, either wholly or in part, for the period of one year prior to the date of the accident." This does not mean in this case that the father will be dependent if deceased supported him during the whole or part of a year, but means that he will be dependent if the deceased supported him during substantially the whole year prior to his death, during which time he furnished the father the whole or part of his support. The evidence fails to support the claim under this section.


Summaries of

MATTER OF SCHAUBEL v. SIMONS, STEWART FOY, INC

Appellate Division of the Supreme Court of New York, Third Department
Jul 1, 1932
236 App. Div. 748 (N.Y. App. Div. 1932)
Case details for

MATTER OF SCHAUBEL v. SIMONS, STEWART FOY, INC

Case Details

Full title:In the Matter of the Claim of KARL SCHAUBEL, Respondent, against SIMONS…

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

Date published: Jul 1, 1932

Citations

236 App. Div. 748 (N.Y. App. Div. 1932)