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  5. 16 A.D.2d 490 (1962)
 

MTR. OF CLARK v. OAKES & BURGER CO.

16 A.D.2d 490 (1962)

In the Matter of the Claim of Clair B. Clark, Respondent, v. Oakes & Burger Co. et al., Appellants. Workmen's Compensation Board, Respondent

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

June 28, 1962.

Attorney(s) appearing for the Case

Brownstein & Canale (John F. Canale of counsel), for appellants.

Hornburg, Diggs & Dwyer (Joseph C. Dwyer of counsel), for claimant-respondent.

John M. Cullen for Special Disability Fund.

Louis J. Lefkowitz, Attorney-General (Daniel Polansky and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

BERGAN, P. J., GIBSON, HERLIHY and TAYLOR, JJ., concur.

REYNOLDS, J.

Appeal by the employer and its carrier from a decision of the Workmen's Compensation Board.

The sole question raised on this appeal is whether under the provisions of section 29 of the Workmen's Compensation Law claimant forfeited his right to possible deficiency compensation by agreeing, without the consent of the carrier, during the pendency of an appeal by his adversary to accept an amount...

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