Minutes, March 13, 1933 289 290 William DeVellier, Deceased Century Circuit, Inc., Employer Aetna Life Insurance Company, Carrier Case No. 3225468 Hearing before the Industrial Board Before Referee Bertrand W. Nye A. G. Bendt, Hearing Stenographer Appearances Mr. B. J. O'Rourke, for the Claimant, 2 Lafayette Mr. Samuel Kaltman, representing the Employer Mr. O'Rourke: I would like an adjournment and I was wondering if the carrier would produce Mr. Murray and Mr. Schwartz, the employers in this case? If they will bring them in, why, I will not have to subpoena them. Mr. Kaltman: Mr. O'Rourke: Mr. Murray and Mr. Schwartz? That is right. Mr. Kaltman: I certainly shall produce them on Mr. O'Rourke's say so if they are material. Mr. O'Rourke: Yes. Mr. Kaltman: May I state an objection on the record so there will not be any question at a future time? We contend there is no proof of an accidental injury arising out of and in the course of the employment within the meaning of the law; secondly, that there is no notice of any such accident within 294 293 292 Minutes, April 19, 1933 the statutory period; third, the death is not the natural and unavoidable result of an accidental injury within the meaning of the law. The Referee: On claimant's application, adjourned. (Mr. Kaltman returns.) Mr. Kaltman: In that case I have learned a claim has been made by a mother as a dependent within the meaning of the law. I want to add my objections, and I so informed Mr. O'Rourke of that fact, -of no dependency. Action: On claimant's application the case is adjourned. I hereby certify that this is a true and correct copy of transcript of minutes of hearing held by the Industrial Board on March 13th, 1933, in the case of William DeVellier, deceased-Century Circuit, Inc., employer. (Case No. 3225468.) Dated, April 15, 1935. Adeline G. Bendt, Hearing Stenographer. MINUTES, APRIL 19, 1933 State Department of Labor 150 Leonard Street, New York, N. Y. William DeVellier, Decedent Century Circuit, Inc., Employer Minutes, April 19, 1933 Mrs. Charlotte Doyle, for claimant, direct 295 296 Aetna Life Insurance Company, Carrier Case No. 3225468 Hearing before the Industrial Board Present B. W. Nye, Referee J. A. O'Donnell, Hearing Stenographer Appearances S. Kaltman, Esq., representing Employer and Insurance Carrier Mrs. Charlotte Doyle, Mother of Decedent The Referee: How old was William? Mrs. Doyle: He would have been twenty-five today had he lived. The Referee: Do you want the witness sworn? Hold up your hand, Mrs. Doyle. 297 MRS. CHARLOTTE DOYLE, being duly sworn, testified. The Referee: You may examine. Mr. Kaltman: At the last hearing in this case Mr. Bart O'Rourke was present and requested an adjournment in view of the objection noted that there was no proof of accidental injury arising out of and in the course of employment; that there was no notice 299 298 Minutes, April 19, 1933 Mrs. Charlotte Doyle, for claimant, direct of such accidental injury within the statutory period, and death was not the natural and unavoidable result of an accidental injury within the meaning of the law, together with the objection to any dependency, and he requested we produce Mr. F. F. Murray and Mr. Schwartz. Is Mr. Murray here? (No response.) Mr. Kaltman: Is Mr. Schwartz here? (No response.) Mr. Kaltman: I notice a memorandum on my file to the effect a letter was sent to Mr. Murray asking him to be present, at his own request. Mr. Murray stated Mr. Schwartz could not be present. I don't think there would be any reason for going into the question of dependency until the other questions are disposed of. Mrs. Doyle: I was certainly partially dependent on the boy. The Referee: No, there is no use going into it without a claim is established. Without the witness you can't proceed. Mr. Kaltman: The Referee: pear? Mr. Kaltman: I don't know what they want. One I understood was going to be here. A letter was sent him at his request, and the other could not be here. I don't believe he will be here if he is not here now. Mrs. Doyle: He promised to be here the last time. He told me personally he would be here. 008 Minutes, May 31, 1933 301 The Referee: And he didn't come? Mrs. Doyle: No, he did not. The Referee: If you want me to hold it a few minutes for you I will hold it. Mr. Kaltman: Suppose we let it go over. I will make another attempt to get those men here. The Referee: Witnesses did not appear, case is adjourned. Adjourned. 302 April 15th, 1935. I hereby certify the foregoing to be a true and correct transcript of the record of hearing held at the State Department of Labor, April 19, 1933, before Referee Nye, in the case of William DeVellier v. Century Circuit, Inc., Case No. 3225468. |