MATTER OF ROLLE v. GEN. FOODS CORP.


19 A.D.2d 188 (1963)

In the Matter of the Claim of Jonathan Rolle, Respondent, v. General Foods Corporation, Birds Eye Division, 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.

June 27, 1963.


Attorney(s) appearing for the Case

Braiman & Braiman (Edward M. Braiman of counsel), for appellants.

Fix & Spindelman for claimant-respondent.

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

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

BERGAN, P. J., COON, HERLIHY and REYNOLDS, JJ., concur.


GIBSON, J.

Appeal is taken by an employer and its insurance carrier from decisions of the Workmen's Compensation Board, which, following the reopening of the case upon claimant's application, discharged the Special Fund for Reopened Cases from liability and made an award against the employer and carrier. The case is one of first impression.

On January 27, 1953, claimant, an alien, had a schedule award...

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