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MATTER OF STIMBURIS v. LEVITON MFG. CO.

5 N.Y.2d 360 (1959)

In the Matter of the Claim of Felicia Stimburis, Appellant, v. Leviton Mfg. Co. et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided March 12, 1959.

Attorney(s) appearing for the Case

Louis Mendelson and William Doblin for appellant.

George J. Hayes, Charles G. Tierney and Morris N. Lissauer for Leviton Mfg. Co. and another, respondents.

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

Chief Judge CONWAY and Judges DYE and BURKE concur with Judge DESMOND; Judge FULD dissents in an opinion in which Judges FROESSEL and VAN VOORHIS concur.

DESMOND, J.

The question of law is: did the Workmen's Compensation Board have power in 1955 to reopen this workmen's compensation case wherein it had in 1944 dismissed the claim as noncompensable?

Claimant appeals as of right from a unanimous Appellate Division, Third Department, order which reversed an award by the Workmen's Compensation Board for total disability due to silicosis. The Appellate Division...

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