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MATTER OF REED v. WILLIAM DANZ CONSTR. CO.

9 A.D.2d 1004 (1959)

In the Matter of the Claim of Herbert Reed, Respondent, v. William Danz Construction 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 31, 1959

The question presented on this appeal is whether the appellant carrier or the respondent Special Fund for Reopened Cases under section 25-a of the Workmen's Compensation Law is chargeable with awards under claimant's reopened case. The board held the carrier liable and we agree. Claimant's injury occurred August 24, 1942. A schedule award was made on November 6, 1947 of $11,924.93. On February 17, 1953 the schedule award of 1947 was rescinded, the disability reclassified...

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