34 Conclusions of Fact, Ruling of Law and Award 35 36 Christopher Hanify, Esq., 230 West 98th Street, New York City. Harold Flatto, Esq., 261 Broadway, New York City. West End Avenue & 75th Street Corp., c/o Slawson & Hobbs, 152 West 72nd Street, New York City. All the evidence having been heard and duly considered, the State Industrial Board makes its Conclusions of Fact, Rulings of Law and Award as follows: Conclusions of Fact. 1. On the 19th day of October, 1935, the day on which Christopher Hanify sustained the accidental injuries herein referred to, he resided at 230 West 99th Street, in the City of New York, Borough of Manhattan, and was engaged as a doorman by the West End Avenue & 75th Street Corporation, Slawson & Hobbs, Agents, with offices and principal place of business located at 162 West 72nd Street, New York City, said employer being engaged in the real estate business. 2. On the 19th day of October, 1935, while the said Christopher Hanify was engaged in the regular course of his employment, and while working for his employer at a house owned, operated and controlled by the employer, he attempted to restrain the driver of an auto Conclusions of Fact, Ruling of Law and Award 37 mobile from parking too close to the doorway of the building wherein he was employed, and he had an altercation with the owner of the car and was struck by the chauffeur with a sharp heavy object, and as a result he sustained a large and deep laceration extending about 9 1/2 inches on the forehead of the right side, ecchymosis of the upper and lower eyelids of the right eye, with marked edema of both lids, an acute enlargement of the sclera; a perforating corneal scar nasally; anterior synechia; traumatic ptargyium; anterior and posterior synechia and conjunctivae of the right eye due to trauma. The right eye is shut due to the edematous condition of both eyelids, which conditions are permanent and equivalent to 100% permanent loss of use of the right eye. The said 100% permanent loss of use of the right eye was a natural and unavoidable result of the accident and injuries suffered by Christopher Hanify on the 19th day of October, 1935, and the consequences and effects following therefrom. 38 3. The injury sustained by Christopher Hani- 39 fy were accidental injuries and arose out of and in the source of his employment. 4. The average weekly wage of the said Christopher Hanify was $25.36, based upon a salary of $80.00 per month and $30.00 in tips. Ruling of Law. This claim comes within the provisions of the Workmen's Compensation Law. 40 Conclusions of Fact, Ruling of Law and Award 41 42 Award. Award of compensation is hereby made against West End Avenue & 75th Street Corporation, employer, and Royal Indemnity Company, insurance carrier, to Christopher Hanify, injured employee, for 100% permanent loss of the use of the right eye covering a period of 160 weeks compensation at $16.92 per week, amounting to the sum of $2,707.20, and the case is closed. The employer and the insurance carrier are directed to pay the claimant now 63 weeks compensation covering the period from October 19, 1935, to January 2, 1937, at $16.92 per week, totalling $1,063.56, less the amount previously paid, and thereafter the sum of $33.34 every two weeks for 97 weeks. Attorney's fees are hereby fixed and approved in the sum of $200.00 to Harold Flatto of 261 Broadway, New York City, who is given a lien on said sum for which a separate check is to be sent. Dated, New York, N. Y., April 12, 1937. STATE INDUSTRIAL BOARD, JAMES A. CORCORAN, E. W. EDWARDS, NELLE SWARTZ. Memorandum of Decision of Nelle Swartz. 43 Re: Case No. 35410501 CHRISTOPHER HANIFY VS. WEST END AVENUE & 75TH An award was made in this case for 100 per cent loss of use of the claimant's right eye, from which the carrier appealed on the ground that the weight of medical evidence between the alleged trauma and the loss of vision is against a finding of causal relation, and the award was not in order. Having carefully reviewed the record and considered the points raised in the carrier's application for review, the Board is of the opinion that carrier's contentions are not well taken, and that the record supports the referee's findings, and so holds. 44 The claimant's attorney has asked for an increase of his fee, contending that the fee of 45 $150.00 is inadequate. Attorney Flatto became the claimant's attorney on March 14, 1936, and since that time there have been eight hearings. The Board is of the opinion that the fee as approved by the referee is slightly inadequate and approves a fee to Harold Flatto, Esq., 261 Broadway, New York City, of $200.00, separate check to be sent. As so modified the decision of the referee is affirmed and the case is closed. NELLE SWARTZ, Member, Industrial Board. NS/MLH. January 7, 1937. 46 47 48 Employee's Claim for Compensation. Christopher Hanify 230 W. 99th St. N. Y. C. Answer All Questions Fully STATE OF NEW YORK DEPARTMENT OF LABOR Office of The Industrial Commissioner DIVISION OF WORKMEN'S COMPENSATION 150 Leonard Street, New York City Case No. 35410501 Ins. Carrier's No..... Injured Person 1. Name of Christopher Hanify 2. Address: Street and No. 230 West 99 City or Town New York 3. Sex male Age 29 Married or single single 4. Do you speak English? yes Nationality Irish 5. State regular occupation doorman 6. What were you doing when injured? working 7. Wages or average earnings per day, including overtime, board, rent and other allowances $80 per month wages and $30 per month on tips 8. Were you paid full wages for the day of accident? yes |