State Treasurer v. West Side Trucking Co.

7 Citing cases

  1. Weber v. Henderson

    139 F. Supp. 568 (E.D. La. 1956)   Cited 1 times

    Consequently, that issue is not before the court here. Moore Dry Dock Co. v. Pillsbury, 9 Cir., 169 F.2d 988; Bethlehem Steel Co. v. Parker, 4 Cir., 163 F.2d 334; Maryland Casualty Co. v. Cardillo, 71 App.D.C. 160, 107 F.2d 959; Metropolitan Casualty Insurance Co. v. Hoage, 67 App.D.C. 54, 89 F.2d 798; Wilson Co. v. Locke, 2 Cir., 50 F.2d 81; Northwestern Stevedoring Co. v. Marshall, 9 Cir., 41 F.2d 28; Grain Handling Co. v. McManigal, D.C., 23 F. Supp. 748; Liberty Stevedoring Co. v. Cardillo, D.C., 18 F. Supp. 729; Southern Shipping Co. v. Lawson, D.C., 5 F. Supp. 321; Burmester v. De Lucia, 263 N.Y. 315, 189 N.E. 231; State Treasurer v. West Side Trucking Co., 198 App. Div. 432, 191 N.Y.S. 346, affirmed 233 N.Y. 202, 135 N.E. 244. The text of 33 U.S.C.A. § 933(f) is shown in the note.

  2. Terminal Shipping Co. v. Branham

    47 F. Supp. 561 (D. Md. 1942)   Cited 11 times

    Thus it has been held that the payment into the special fund must be made where the deceased employe leaves surviving persons entitled to compensation if they did not in fact properly make and prosecute their claim for compensation in accordance with the procedure outlined in the statute. State Treasurer v. West Side Trucking Co., 198 App. Div. 432, 191 N.Y.S. 346; Id., 233 N.Y. 202, 135 N.E. 244. And the same result obtains where the claimant for benefits dies before an award is made.

  3. Travelers Ins. Co. v. Parker

    40 F. Supp. 692 (E.D. Va. 1941)   Cited 4 times

    Texas Employers' Ins. Association v. Williams et al., Tex.Civ.App., 57 S.W.2d 218. Moreover, plaintiffs failed to raise any issue before the deputy commissioner on this point and the deputy commissioner has had no opportunity to consider the matter, nor was the point raised in plaintiffs' petition for review. Plaintiffs, therefore, waived any right they may have had to have the court consider any question with respect thereto. Maryland Casualty Company v. Frank A. Cardillo, Deputy Commissioner, and Mary Najjum, 71 App.D.C. 160, 107 F.2d 959; Southern Shipping Co. v. Lawson, Deputy Commissioner, D.C., 5 F. Supp. 321; Metropolitan Casualty Insurance Co. v. Hoage, Deputy Commissioner, 67 App.D.C. 54, 89 F.2d 798; Liberty Stevedoring Co., Inc. v. Cardillo, Deputy Commissioner, D.C., 18 F. Supp. 729; Grain Handling Co., Inc. v. McManigal, Deputy Commissioner, D.C., 23 F. Supp. 748; State Treasurer v. West Side Trucking Co., 198 App. Div. 432, 191 N.Y.S. 346, affirmed, 233 N.Y. 202, 135 N.E. 244. Plaintiffs also contend in their petition that on September 1, 1939, more than a year after the accident, a formal claim on behalf of Annie B. Ragsdale was received by the deputy commissioner; that on November 14, 1939, the former counsel for the Ragsdales advised the deputy commissioner that they had completed their investigation and "moved the deputy commissioner to dismiss the claim", sending a copy of said motion to the Travelers Insurance Company, and that on November 16, 1939, the deputy commissioner acted upon said motion, advising the former attorneys for the claimants that their motion was accepted and that no further action would be taken by the deputy commissioner.

  4. Claims of Industrial Commissioner v. McCarthy

    295 N.Y. 443 (N.Y. 1946)   Cited 34 times
    Finding that particular horseplay engaged in by waiters was more or less customary and had become part and parcel of employment

    In vacating an award which — pursuant to that statute — directed the general contractor to pay certain sums to the three statutory special funds, the court held that such payments did not constitute "compensation." (See, also, Matter of State Treasurer v. West Side Trucking Co., 198 App. Div. 432, affd. 233 N.Y. 202; Matter of Martin v. Wurlitzer Co., 249 App. Div. 321.) Additional support for our conclusion may be found in the very nature of the "double compensation and death benefits" payable under section 14-a. It has been repeatedly held that this increased payment is not punitive in character.

  5. Commissioner of Taxation v. Riger Bldg. Corp.

    33 N.E.2d 529 (N.Y. 1941)   Cited 3 times

    The payments directed by the award here challenged, which are to be made into special funds, are, in the circumstances disclosed by the record at hand, in no sense payments of "compensation" to an employee. (See Workmen's Compensation Law, § 2 [subd. 6]; also Matter of State Treasurer v. West Side Trucking Co., 198 App. Div. 432, 434; Matter of Martin v. Wurlitzer Co., 249 App. Div. 321, 323.) The order of the Appellate Division should be reversed, the award of the State Industrial Board vacated as to the appellants, and the claim for death benefits against appellants should be dismissed, with costs in this court and in the Appellate Division against the State Industrial Board.

  6. Schmahl v. School District No. 12

    274 N.W. 168 (Minn. 1937)   Cited 1 times

    " Utah Oil Ref. Co. v. Industrial Comm. 63 Utah, 599, 603, 227 P. 1031, 1032. "The direction by the Commissioner to pay the Treasurer is not an award of compensation, but it is the direction * * * to the carrier to pay the amount which the statute directs." State Treasurer v. West Side Trucking Co. 198 App. Div. 432, 434, 191 N Y S. 346, 348. The argument for respondent is entirely correct that the application of the statute urged on behalf of appellant would "require that in all death cases where there are no dependents, it would be necessary to have somebody [who in fact had no claim] file a claim as a dependent and have an adverse decision by the commission on such claim before the state treasurer (or now the Industrial Commission) [under L. 1935, c. 311, § 1, 3 Mason Minn. St. 1936 Supp. § 4276] could take any step" to collect the payment admittedly due from the employer.

  7. Matter of Martin v. Wurlitzer Co.

    249 App. Div. 321 (N.Y. App. Div. 1937)   Cited 3 times

    A fair reading of the statute requires the filing of a claim for compensation under the second disablement within the statutory time. It is true that this court in State Treasurer v. West Side Trucking Co. ( 198 App. Div. 432) referred to the payments made by the employer and insurance carrier into the special fund from which the special additional compensation is payable, as not being awards of compensation. We reaffirm such language.