Claim of Van Cise v. Standard Oil Co.

Headnote

Workmen’s compensation — award properly reversed when based solely upon uncorroborated assertion of deceased employee that injury arose out of and in course of employment.

Van Cise v. Standard Oil Co. of New York, 209 App. Div. 838 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 6, 1924, reversing an award of the State Industrial Board made under the Workmen’s Compensation Law and directing a dismissal of the claim. The decedent, Carl J. Van Cise, had been in the employ of the Standard Oil Company of New York for some time as a teamster, and on April 15, 1922, while working for his employer

at Geneseo, N. Y., it is alleged he received an injury-while climbing on to an oil wagon. It is alleged he slipped and fell and in falling struck the whiffletree of said wagon in such a manner as to sustain a severe trauma to his right testicle, from the result of which he died. The Appellate Division held that the declarations of the deceased employee that the accident which injured him occurred in the course of his employment and arose out of his employment were not corroborated by any proof whatsoever, and that, therefore, the award should be reversed and the claim dismissed.