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MATTER OF PRIMUS v. CONT'L TOOL

7 A.D.2d 178 (1958)

In the Matter of the Claim of Albin Primus, Respondent, v. Continental Forge & Tool Company 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.

December 30, 1958.

Attorney(s) appearing for the Case

William F. Hanson for appellants.

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

Louis J. Lefkowitz, Attorney-General (Daniel Polansky and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

Jessie Sunshine for claimant-respondent.

FOSTER, P. J., BERGAN, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

Per Curiam.

Claimant was employed as a blacksmith and was injured March 5, 1945 when a forging hammer flew off striking him on the head. He suffered a fracture of the skull which required surgical intervention. He was totally disabled until November 5, 1945 when he returned to work, becoming a truck driver earning $60 a week.

The board fixed his average weekly wage prior to accident at $75.74 a week. An award...

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