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Roeper v. Albany Port District

Appellate Division of the Supreme Court of New York, Third Department
Sep 22, 1943
266 App. Div. 936 (N.Y. App. Div. 1943)

Opinion

September 22, 1943.


Appeal from an order striking from the answer in a negligence action a defense that plaintiff when injured was an employee of the United States engaged in his regular occupation and the government furnished him with medical, surgical and hospital care, and that an award therefor may not be made in an action against a third party. An employee of the United States who is injured and who has received "compensation" from the Federal Employees' Compensation Fund is required to make a refund from damages recovered against a third party (U.S. Code, tit. 5, § 777). "Compensation" consists of allowances paid to the employee and any other benefits paid out of the fund (§ 790); this includes medical, surgical and hospital expenses (§ 759). Order affirmed, with ten dollars costs and disbursements. All concur.


Summaries of

Roeper v. Albany Port District

Appellate Division of the Supreme Court of New York, Third Department
Sep 22, 1943
266 App. Div. 936 (N.Y. App. Div. 1943)
Case details for

Roeper v. Albany Port District

Case Details

Full title:WILLIAM ROEPER, Respondent, v. ALBANY PORT DISTRICT et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 22, 1943

Citations

266 App. Div. 936 (N.Y. App. Div. 1943)

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