MATTER OF SCHWARTZ v. YOUR BAKING CO.


20 A.D.2d 422 (1964)

In the Matter of the Claim of Arthur Schwartz, Respondent, v. Your Baking Co., Inc., 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.

February 20, 1964.


Attorney(s) appearing for the Case

Bernard L. Newmark for claimant-respondent.

Weiser & Jacobs (Powell Cooper and Allen Redlich of counsel), for appellants.

John M. Cullen (George J. Barbero of counsel), for Special Fund for Reopened Cases, respondent.

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

HERLIHY, REYNOLDS, TAYLOR and AULISI, JJ., concur.


GIBSON, P. J.

Claimant, a baker, in 1943 developed a nasal condition which was held to constitute an occupational disease, for which the carrier was directed to and did furnish medical treatment at intervals over a period of nearly 20 years. There has been no compensable lost time, however, and appellants assert that inasmuch as there has been a lapse of seven years from "the date of the injury" and a lapse of...

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