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  5. 26 A.D.2d 871 (1966)
 

MATTER OF BAUER v. BAUER'S REST.

26 A.D.2d 871 (1966)

In the Matter of the Claim of Virginia Bauer, Appellant, v. Bauer's Restaurant et al., Respondents. Workmen's Compensation Board, Respondent

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

October 21, 1966

REYNOLDS, J.

The claim having been filed more than five years after her husband's death, the sole issue raised is the propriety of the board's determination that her payment of her husband's funeral expenses did not also constitute an advance payment of compensation by her as his employer thus waiving the two-year filing requirement of section 28. This determination is factual and thus if supported by substantial...

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