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MTR. OF CARNIATO v. FOSTER WHEELER CORP.

7 A.D.2d 328 (1959)

In the Matter of the Claim of Alfredo Carniato, Respondent, v. Foster Wheeler Corp. et al., Appellants. Workmen's Compensation Board, Respondent

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

March 11, 1959.

Attorney(s) appearing for the Case

Albert P. Thill for appellants.

Isaacson, Robustelli & Meyer for claimant-respondent.

Louis J. Lefkowitz, Attorney-General (John J. Reilly, Roy Wiedersum and Harold Forstenzer of counsel), for Workmen's Compensation Board, respondent.

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

BERGAN, J.

Claimant is a production engineer. On March 4, 1948 he fell from a swivel chair and ruptured a tendon in the left leg. He returned to work on May 3, 1948.

The brief of the appellants states after claimant returned to work, that "by way of aiding the progress of the claimant's recovery from the injury and rehabilitation, the employer and carrier voluntarily reimbursed the claimant for gasoline...

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