# Claim of Hajek v. Brown

> Appellate Division of the Supreme Court of the State of New York · September 21, 1938 · 255 A.D. 729

URL: https://www.frixlaw.com/law-library/cases/5355939

## Case

- **Full name:** In the Matter of the Claim of Albert P. Hajek, against H. Burling Brown and Royal Indemnity Company, and State Insurance Fund, State Industrial Board
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 21, 1938
- **Citations:** 255 A.D. 729; 6 N.Y.S.2d 821; 1938 N.Y. App. Div. LEXIS 4934
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5355939

## Opinion text

The employer and insurance carrier have appealed from an award in claimant’s favor. Appellants contend that the Board erred in making the entire award against them. They assert that a part thereof should be charged against the State Insurance Fund. The proof shows that claimant became disabled in 1932, while working for the employer, due to lead poisoning. At that time he was absent from his employment but a few days. The State Insurance Fund was then the carrier. From that illness he completely recovered. In 1936 he again became disabled from lead poisoning. There is no proof which would warrant a finding that this was a recurrence of the 1932 disability. The State Industrial Board so found and the evidence sustains that conclusion. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5355939. Public record. Not legal advice.