(DOWNLOAD) "South Buffalo Railway Co. v. Ahern Et Al." by Supreme Court of the United States " eBook PDF Kindle ePub Free
eBook details
- Title: South Buffalo Railway Co. v. Ahern Et Al.
- Author : Supreme Court of the United States
- Release Date : January 19, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Disability awards by the New York Workmens Compensation Board to an interstate railroad employee precipitate this attack on ? 113 of that states Workmens Compensation Law as unconstitutionally conflicting with the Federal Employers Liability Act. While employed as a switchman by the appellant Railway, Thomas J. Ahern in July 1944 suffered a coronary occlusion as a result of unusual physical exertion in attempting to "throw a stuck switch" in the Railways Lackawanna, New York, yards. On January 15, 1945, he filed a claim with the New York Workmens Compensation Board, asserting disability caused by injuries sustained in the regular course of his employment. The Railway controverted the claim solely on the grounds that his injuries were not in fact accidental, and that his disability was not causally related to the injuries alleged. A referee, after hearing evidence, resolved these issues in the claimants favor and in September 1945 awarded him compensation at the rate of $28 per week from the date of the accident. The Board denied the Railways application for review and affirmed the referees determination. In 1946 and the year following, the Board entered two further temporary disability awards. A self-insured employer, appellant in accordance with the Boards orders