MATTER OF TRIPOLI v. CRUCIBLE STEEL CO.


12 A.D.2d 425 (1961)

In the Matter of the Claim of Sam Tripoli, Respondent, v. Crucible Steel Company of America 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.

March 28, 1961.


Attorney(s) appearing for the Case

S. Chandler Fraser and John F. McDonough for appellants.

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

Isadore Greenberg for claimant-respondent.

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

COON, GIBSON and REYNOLDS, JJ., concur with HERLIHY, J.; BERGAN, P. J., dissents and votes to affirm. A sufficient change in condition was shown in the medical report on which the board relied to constitute an application to reopen. (Matter of Norton v. New York State Dept. of Public Works, .)


HERLIHY, J.

Employer and carrier appeal from decision of the Workmen's Compensation Board which found that a medical report filed within the seven-year period — section 25-a of the Workmen's Compensation Law — constituted an application for a reopening of the case and consequently discharged the Special Fund.

The accident happened on October 23, 1951 and the last payment of compensation...

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