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MATTER OF LEMLEY v. STATE MUT. LIFE

23 A.D.2d 130 (1965)

In the Matter of the Claim of Frank A. Lemley, Respondent, v. State Mutual Life Assurance Company et al., Appellants. Workmen's Compensation Board, Respondent

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

May 6, 1965.

Attorney(s) appearing for the Case

Joseph Dean Edwards and Anne M. Powell for appellants.

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

GIBSON, P. J., REYNOLDS, TAYLOR and HAMM, JJ., concur.

HERLIHY, J.

This appeal questions the board's finding that a claim for disability benefits was timely filed.

The claimant contracted pneumonia on September 14, 1962 and his employer continued paying him full wages until November 30, 1962, the disability continuing after that date. Thereafter, the claimant sent in the required form with the physician's supporting statement for continued benefits which...

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