MATTER OF HOOPER v. BETHLEHEM STEEL


15 A.D.2d 145 (1961)

In the Matter of the Claim of Earl Hooper, Respondent, v. Bethlehem Steel Company, Appellant, 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 20, 1961.


Attorney(s) appearing for the Case

Phillips, Mahoney, Lytle, Yorkey & Letchworth (Solon J. Stone and Peter B. Schreier of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

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

REYNOLDS and TAYLOR, JJ., concur with BERGAN, P. J.; HERLIHY, J., dissents in an opinion in which COON, J., concurs.


BERGAN, P. J.

Claimant had a recurrent bilateral hernia in July, 1945 which an examining physician for the self-insured employer described in his report as "occupational", and which the employer's report to the Workmen's Compensation Board described in the same way.

A hearing was held August 28, 1945; the employer did not controvert the claim and the Referee found that claimant suffered an occupational hernia. Claimant had lost no wages; no finding...

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