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MATTER OF D'AMARIO v. MARTINS

277 A.D. 913 (1950)

In the Matter of the Claim of Vincent D'Amario, Respondent, v. Bernardo S. Martins et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1950.

We do not agree with this construction. In fixing a time limitation for filing a claim for reimbursement, paragraph (f) of subdivision 8 of section 15 of the Workmen's Compensation Law did not contemplate barring any claim for reimbursement simultaneously with the determination that the case was compensable. The fact that the permanency of a particular injury may be considered rather obvious is not controlling. The clear import of the statute is a final determination expressly...

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