Hartnett v. Thomas J. Steen Co.

• Decision Date: 19 October 1915
• Citation: 110 N.E. 170,216 N.Y. 101
• Parties: HARTNETT v. THOMAS J. STEEN CO.
• Court: New York Court of Appeals Court of Appeals

216 N.Y. 101

110 N.E. 170

HARTNETT

v.THOMAS J. STEEN CO.

Court of Appeals of New York.

Oct. 19, 1915.

Appeal from Supreme Court, Appellate Division, Third Department.

Proceedings under the Workmen's Compensation Law by Daniel J. Hartnett, to obtain compensation for personal injuries, opposed by the Thomas J. Steen Company, employer, and the Employers' Liability Assurance Corporation, Limited, the insurance carrier. Compensation was awarded, the award confirmed by the Appellate Division (153 N.Y.Supp. 1119), and the employer and the insurance carrier appeal. Appeal dismissed.

Egburt E. Woodbury, Atty. Gen. (Harold J. Hinman, Dep. Atty. Gen., of counsel), for appellants.

Bertrand L. Pettigrew, of New York City, for respondent.

SEABURY.

An employer and an insurance carrier have appealed to this court from an order of the Appellate Division confirming an award in favor of the claimant made by the Workmen's Compensation Commission. The appellants applied to the Appellate Division for leave to appeal to the Court of Appeals, and that application was denied. No permission to appeal has been granted by a judge of this court. The Attorney General has moved to dismiss the appeal. The question presented for determination involves the interpretation of section 23 of the Workmen's Compensation Act (chapter 67 of the Consolidated Laws; Laws 1914, c. 41). That section provides as follows:

“Section 23. Appeals from the Commission.-An award or decision of the Commission shall be final and conclusive upon all questions within its jurisdiction, as against the state fund or between the parties, unless within thirty days after a copy of such award or decision has been sent to the parties, an appeal be taken to the Appellate Division of the Supreme Court of the Third Department. The Commission may also, in its discretion, where the claim for compensation was not made against the state fund, on the application of either party, certify to such Appellate Division of the Supreme Court, questions of law involved in its decision. Such appeals and the questions so certified shall be heard in a summary manner and shall have precedence over all other civil cases in such court. The Commission shall be deemed a party to every such appeal, and the Attorney General, without extra compensation, shall represent the Commission thereon. An appeal may also be taken to the Court of Appeals in all cases where such an appeal would lie from a decision of an Appellate Division, in the same manner and subject to the same limitations as is now provided in civil actions. Otherwise such appeals shall be subject to the law and practice applicable to appeals in civil actions. Upon the final determination of such an appeal, the Commission shall make an award or decision in accordance therewith.”

The Workmen's Compensation Law was enacted to provide a new remedy to the employee who received accidental injuries in the course of his employment, or in case of the death of the employee, to his dependents. Matter of Jensen v. Southern Pacific Co., 215 N.Y. 514, 109 N.E. 600. It provides a summary remedy which differs in substantial respects from a civil action to...