MATTER OF MALLARDI v. PALUMBO CIGAR CO.


284 A.D. 916 (1954)

In the Matter of the Claim of Nicholas Mallardi, Respondent, v. Palumbo Cigar Co. et al., Appellants, and Special Fund for Reopened Cases, Respondent. Workmen's Compensation Board, Respondent

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

October 20, 1954.


The question is whether the claim was one which came within the purview of section 25-a of the Workmen's Compensation Law, which provides that the Special Fund for Reopened Cases shall be liable for awards made "after a lapse of seven years from the date of the injury or death and also a lapse of three years from the date of the last payment of compensation". In March of 1944, claimant, who was employed as a helper in a cigar manufacturing plant, sustained a back injury and...

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