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MATTER OF MILLER v. NAT. CABINET CO.

8 N.Y.2d 277 (1960)

In the Matter of the Claim of Bertha Miller, Respondent, v. National Cabinet Company et al., Appellants, and Michigan Mutual Insurance Company, Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1960.

Attorney(s) appearing for the Case

Benedict T. Mangano and La Verne G. Lewis for appellants.

Morgan F. Bisselle and Warren C. Tucker for Michigan Mutual Insurance Company, respondent.

Louis J. Lefkowitz, Attorney-General (Roy Wiedersum, Paxton Blair and Henriette Frieder of counsel), for Workmen's Compensation Board, respondent.

Judges FULD, FROESSEL and BURKE concur with Judge VAN VOORHIS; Judge DYE dissents in an opinion in which Chief Judge DESMOND concurs; Judge FOSTER taking no part.

VAN VOORHIS, J.

An award in workmen's compensation has been made to the widow of Jacob Miller, who died on August 10, 1950. He was last employed by a firm known as Krakauer Bros. where he had worked from January 31, 1949 to April 23, 1950, except for an absence of about five months due to a back injury consisting of a fractured vertebra. He received disability payments during this interval based on the certificate...

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