MATTER OF STEFANO v. WARD. INC.


19 A.D.2d 473 (1963)

In the Matter of the Claim of Joseph Stefano, Respondent, v. C. P. Ward, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

November 21, 1963.


Attorney(s) appearing for the Case

Louis Busell and Joseph M. Soviero for appellants.

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

William A. Specht for claimant-respondent.

HERLIHY, REYNOLDS and TAYLOR, JJ., concur.


BERGAN, P. J.

Claimant had judgment in a third-party action in the Supreme Court for $1,533.50 entered in 1956, and thereafter applied to the Workmen's Compensation Board to reopen his claim to provide for deficiency compensation.

The carrier argued in opposition to this application that the judgment was in actuality the result of a compromise of claimant's third-party action, and since it was without the carrier's written consent within subdivision...

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