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MATTER OF BUEHLER v. SERV. MACH. WORKS

284 A.D. 923 (1954)

In the Matter of the Claim of George Buehler, Respondent, v. Service Machine Works 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.

This is so because the date of accident was more than seven years before April, 1952, i.e., in March, 1945, when claimant suffered a hernia. This was treated by everyone concerned as an accident. It was expressly found by the referee in 1947 to have been an "accident" and the award was made on that ground and paid by the carrier. The postponement of the operation to correct it to April, 1946, at claimant's election did not convert...

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