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Order of the Industrial Board, April 21, 1939

274

denied the above named Charlotte Doyle, and said appeal having been duly heard by said Court, and the said Appellate Division of the Supreme Court having at a term thereof commencing on the 9th day of January, 1939, reversed the decision heretofore made by the Industrial Board of the State of New York, and the order of the said Appellate Division having been entered in the office of the Clerk of said court on March 30, 1939, and the papers on appeal herein together with a certified copy of said order of the Appellate Division having been duly filed, wherein said decision of said Industrial Board of the State of New York was reversed by the Appellate Division in the following terms:

Ordered, that the decision herein be and the same. is hereby reversed, with costs to the claimant against the employer and insurance carrier, and matter remitted to the State Industrial Board.

It is ordered that the order of the Appellate Division in the above entitled matter be and the same hereby is made the order of the State Industrial Board therein, with interest from date of said award.

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Dated: New York, April 21, 1939.

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ROSE SCHNEIDERMAN,

Secretary.

DS.

Request for and actuarial computation, Sept. 11, 1939

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REQUEST FOR AND ACTUARIAL COMPUTA

TION, SEPT. 11, 1939 C-40

State of New York

Department of Labor

Bureau of Workmen's Compensation

Request for Actuarial Computation

Case No. 3225468. Employee, William DeVellier,

Dec'd. Employer, Century Circuit, Inc.

278

Insurance carrier, Aetna. Date of accident, 9-5-32.

Date of death, 12-20-32.

Comp. begins 12-20-32. Weekly wages, 31.25. Lump sum award dated.

Under Section 27.

Compensation paid $2,763.44 for 353 5/6 weeks, from

12-20-32 to 10-2-39.

FATAL CASES

Schedule of Dependents

Relationship, Mother. Date of birth, 4-23-1889. Attained Age*, 50. Weekly Comp., $7.81.

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*Note:—By "attained age” is meant nearest age at date of lump sum award.

Terms of Lump Sum Award
Is lump sum award for all future payments?

1.

Request for and actuarial computation, Sept. 11, 1939

with suspen

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2. Lump sum award of $. sion of payments to the widow.

3. Other:

NON-FATAL CASES

Does claimant have wife, or children under 18?

Claimant's attained age at date of lump sum award.... Date of birth

Award $..... weekly for..

weeks. Nature of dismemberment:

Terms of Lump Sum Award 1. Is lump sum award for all future payments ?

281

..and pay

....and future

2. Lump sum award of $. ments suspended.

3. Lump sum award of $. compensation rate reduced.

4. Lump sum award of $. end of award.

5. Other:

....deducted from

INTEREST ON APPEALED CASES

282

Appeal taken from award dated

Date Board confirmed Court decision.

Remarks: Please commute under Section 27 for payment into the Aggregate Trust Fund assuming that compensation has been paid to Oct. 2, 1939. This computation is not to include funeral expenses.

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The present value of the above award is $6,378.83 as of 10-2-39 under Section 27 of the Workmen's Compensation Law for payment into the Aggregate Trust Fund assuming that compensation benefits have been paid to 10-2-39.

The above present value does not include funeral benefits, nor does it include disability benefits due to the date of death.

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Minutes, March 13, 1933

Present

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A. Gompers, Referee
B. Seitz, Clerk
M. C. McDonald, Hearing Stenographer

Appearances

Claimant not present
Mr. N. Kazenstein, representing the Employer and

Insurance Company

287

Mr. Kazenstein: In this case we received information that the claimant died yesterday. We are raising the questions of accident, notice, causal relation, death not the result of an accident, and so forth.

The Referee: Adjourned; somebody connected with the claimant to be present at the next hearing.

Certified. True and correct transcript.

Mary C. McDonald,

Hearing Stenographer.

4-15-35.

288

MINUTES, MARCH 13, 1933

New York

State Department of Labor

150 Leonard Street, New York City

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