MATTER OF PRATT v. BREAKSTONE BROS., INC.


7 A.D.2d 672 (1958)

In the Matter of the Claim of Delmar D. Pratt, Appellant, v. Breakstone Brothers, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

November 10, 1958


The appellant employee was a working foreman at the branch garage at Walton, New York, and contends that he received an injury to his face when struck by a hammer on November 19, 1949. It is not disputed that the first claim for compensation filed in his behalf was on June 23, 1952. The claimant contends that he received advance payments by way of wages and that therefore he is not barred by section 28. It was a result of this contention that the hearing was held before the...

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