MATTER OF BECKMAN v. BREWERY


28 A.D.2d 1159 (1967)

In the Matter of the Claim of William Beckman, Respondent, v. Piels Brewery et al., Appellants. Workmen's Compensation Board, Respondent

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

November 9, 1967


GABRIELLI, J.

Following hearings on claimant's contested claim for benefits the Referee made an award on June 22, 1965 in the presence of all parties (appellants' attorney expressly noting his "exception to the finding and award") which was followed by the usual notice of decision and award on June 29, 1965. Payment of the award was not made until July 27, 1965. No appeal was ever taken (par. [c]). A penalty of 20% was thereupon assessed for failure ...

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