MATTER OF BASSO v. F. W. WOOLWORTH CO.


24 A.D.2d 687 (1965)

In the Matter of the Claim of Bruno Basso, Respondent, v. F. W. Woolworth Company et al., Respondents, and Special Fund for Reopened Cases, Appellant. Workmen's Compensation Board, Respondent

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

July 13, 1965


GIBSON, P. J.

The board held "that the present awards are the liability of the Special Fund (Section 25a) and since the overpayment by the carrier was for a period prior to the two year retroactive period provided under Section 25a and prior to the date when Special Fund became liable, and since the carrier is not liable and is not charged with or called upon to pay any present award against which credit can be taken (Section 22), the Board is constrained...

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