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MATTER OF HOOPER v. BETHLEHEM STEEL CO.

12 N.Y.2d 767 (1962)

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.

Court of Appeals of the State of New York.

Decided November 1, 1962.

Attorney(s) appearing for the Case

Solon J. Stone and Peter B. Schreier for appellant.

George J. Barbero and John M. Cullen for Special Fund for Reopened Cases, respondent.

No appearance for remaining respondents.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

Order reversed, with costs in this court and in the Appellate Division, and matter remitted to the Workmen's Compensation Board with a direction that the award be made against the Special Fund for Reopened Cases. The date of disablement for purposes of fixing liability for payment of compensation in such reopened cases should be the date when claimant first makes claim for compensation and receives medical attention, which in this...

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