115 N.E. 1051 | NY | 1917
Lead Opinion
The order appealed from which required the deposit in the state fund by the employer and self-insurer of the money to meet the future payments of an award was properly reversed at the Appellate Division, for the reason that section
The order appealed from should be affirmed, with costs against the state industrial commission.
Dissenting Opinion
It must be remembered that we are construing a workmen's compensation law with its usual incidents. The scheme of the statute is reasonably comprehensive. Section 25 provides that the commission may, in the interest of justice, award to the injured person, or to the beneficiaries in case of death, a lump sum in lieu of periodical payments. Section 27 covers cases only where periodical payments are awarded and payment thereof is assumed by the state fund by a deposit of the present value thereof in trust. One lump sum payment is made under section 25 and the case is closed. Periodical payments are continued under section 27 for the full period of liability. Death is a personal injury within the meaning of the statute (Crapo v. City of Syracuse,
The order of the Appellate Division should be reversed and that of the industrial commission affirmed.
HISCOCK, Ch. J., CHASE, COLLIN, HOGAN and CARDOZO, JJ., concur with CUDDEBACK, J.; POUND, J., reads dissenting memorandum.
Order affirmed, etc.