MATTER OF BERENBERG v. PARK MEM'L CHAPEL


286 A.D. 167 (1955)

In the Matter of the Claim of Morris Berenberg, Respondent, v. Park Memorial Chapel et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 16, 1955.


Attorney(s) appearing for the Case

Ralph S. Stowell and Joseph D. Edwards for appellants.

Jacob K. Javits, Attorney-General (Roy Wiedersum and Gilbert M. Landy of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., BERGAN, HALPERN and IMRIE, JJ., concur.


ZELLER, J.

The issue presented upon this appeal is whether the Workmen's Compensation Board may require an insurance carrier to pay compensation to a claimant for disability due to an assault by a coemployee, arising out of and in the course of employment, after the claimant has effected a settlement of damages with the coemployee without the approval of the carrier.

The employer operated an undertaking...

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