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MATTER OF FERGUSON v. ART STONE CO.

6 A.D.2d 25 (1958)

In the Matter of the Claim of Raymond Ferguson, Respondent, v. Art Stone Company et al., Respondents. Special Disability Fund, Appellant; Workmen's Compensation Board, Respondent

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

May 23, 1958.

Attorney(s) appearing for the Case

John M. Cullen for appellant.

Raymond Ferguson, claimant-respondent in person.

Morgan F. Bisselle and Warren C. Tucker for Art Stone Company and another, respondents.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

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

HERLIHY, J.

Appeal by Special Fund under section 15 (subd. 8) of the Workmen's Compensation Law from a Workmen's Compensation Board decision granting reimbursement to the carrier from the said Fund for all compensation after 104 weeks in an occupational disease case.

On June 22, 1955, decision filed July 28, 1955, a majority of the board by a two-to-one decision concluded that section 15 (subd. 8) was not...

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