New York Court of Appeals

The Travelers Insurance Company, Appellant v. Louis Padula Company, Incorporated, Respondent

November 12, 1918224 N.Y. 397

Summary

The Court held that section 29 of the Workmen’s Compensation Law creates an independent cause of action for an employee’s dependents, that assignment of that cause of action to the insurance carrier transfers ownership and the right to prosecute, and that Article 1, section 18 of the State Constitution is irrelevant to those rights, thereby reversing the Appellate Division and reinstating the Special Term’s judgment.