Appellate Division of the Supreme Court of New York, 1932

Claim of Kocko v. Harris Coal Co.

Claim of Kocko v. Harris Coal Co.
Appellate Division of the Supreme Court of New York · Decided November 15, 1932 · Rhodes
236 A.D. 859
Claim of Kocko v. Harris Coal Co.

Opinion of the Court

Rhodes, J. (dissenting).

I dissent and vote to affirm the entire award on the ground that by the provisions of section 13 of the Workmen’s Compensation Law the Board is authorized to allow fees and other charges for medical and surgical treatment; the hospital has made a charge therefor for which the Board has made an award. I do not think the question as to whether or not the services of the surgeons were rendered without charge to the hospital is material. It seems to me that section 13 of the Workmen’s Compensation Law is controlling, and that we are not concerned with the provisions of the city charter which are attempted to be invoked.

Amd. by Laws of 1927, chap. 553.— [Rep.

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