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MATTER OF GREENWALD v. ELECTRO MATALLURGICAL CO.

284 A.D. 706 (1954)

In the Matter of the Claim of Howard C. Greenwald, Respondent, v. Electro Metallurgical 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.

Attorney(s) appearing for the Case

Victor Fiddler, Bernard Katzen and George J. Hayes for appellants.

Nathaniel L. Goldstein, Attorney-General (Daniel Polansky, Roy Wiedersum and Harry Pastor of counsel), for Workmen's Compensation Board, respondent.

William Lupton for claimant-respondent.

John M. Cullen for Special Fund for Reopened Cases, respondent.

FOSTER, P. J., BERGAN, COON, HALPERN and IMRIE, JJ., concur.

Per Curiam.

The question in this case is whether the employer or the Special Fund for Reopened Cases is liable for compensation upon the reopening of the case. The claimant suffered a back injury while in the employ of the National Grinding Wheel Co., on August 9, 1939. Compensation for one week was paid and the case was closed. The claimant enlisted in the United States Navy on March 18, 1942, and remained in service...

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