Opinion · Nylaw New York

MATTER OF TURNER v. MORSE DRY DOCK AND REPAIR CO., 255 App. Div. 896 (1938)

255 App. Div. 896

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1938-11-02
Topic
general

MATTER OF TURNER v. MORSE DRY DOCK AND REPAIR CO., 255 App. Div. 896 (1938) In the Matter of the Claim of BESSIE TURNER, Respondent, against MORSE DRYDOCK AND REPAIR COMPANY, Appellant.STATE INDUSTRIAL BOARD, Respondent.Appellate Division of the Supreme Court of New York, Third Department. November 2, 1938. Appeal from State Industrial Board.

Citator

UpLaw has not yet analyzed MATTER OF TURNER v. MORSE DRY DOCK AND REPAIR CO., 255 App. Div. 896 (1938). The absence of a flag is not a finding that it is good law.

MATTER OF TURNER v. MORSE DRY DOCK AND REPAIR CO.,255 App. Div. 896(1938)
In the Matter of the Claim of BESSIE TURNER, Respondent, against MORSE DRY
DOCK AND REPAIR COMPANY, Appellant.
STATE INDUSTRIAL BOARD, Respondent.
Appellate Division of the Supreme Court of New York, Third Department.
November 2, 1938.
Appeal from State Industrial Board.
The deceased was employed by the appellant in the repair of ships, with the use of a floating dry dock, in the city of New York. While passing over a gangway above the dry dock he was afflicted with a seizure which caused him to fall on the gangway, and because of his involuntary movements rolled from the gangway, and fell sixty feet to the dry dock below, and was killed. The employer filed a notice of injury, which stated the amount of his wages. A notice of hearing was given October 3, 1916, which stated, "if you desire to file objection to this disposition of your case please make in writing on the back of this sheet an application for a hearing stating the grounds of your objections," and also saying that there will be a recommendation "that an award be made." The record does not disclose that any objection was filed. At the hearing thus noticed an award for death benefits was made. These benefits were paid until 1935, when the application was made for rescission. There was sufficient before the State Industrial Board to justify finding that the self-insured employer waived its admiralty rights, and assumed liability to pay the award. Award unanimously affirmed, with costs to the State Industrial Board.
Present — Hill, P.J., Rhodes, McNamee, Crapser and Heffernan, JJ.