New York Central R. Co. v. Bianc, 250 U.S. 596 (1919)

New York Central Railroad Company


Nos. 374-376


Argued October 22, 23, 1919
Decided November 10, 1919
250 U.S. 596

ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD
JUDICIAL DEPARTMENT OF THE STATE OF NEW YORK

Syllabus

The amendment to the New York Workmen’s Compensation Law (cf. New York Central R. Co. v. White, 243 U.S. 188) providing that, in case of an injury resulting in serious facial or head disfigurement, the commission may, in its discretion, make such award or compensation as it may deem proper and equitable in view of the nature of the disfigurement, but not to exceed $3,500 (Laws 1916, c. 622) is not an arbitrary or oppressive exercise of the police power, and does not deprive the employer of property without due process in violation of the Fourteenth Amendment. P. 600.

In providing for the compensation of workmen injured in hazardous industries, the state need not base it exclusively on loss of earning power. P. 601.

Whether an award for such disfigurement should be made in combination with or independently of the award for mere inability to work, and whether the compensation should be paid in a single sum or in installments, are matters of detail for the state to determine. P. 603.

226 N.Y.199 affirmed.

The cases are stated in the opinion.