MATTER OF STRINGHAM


29 A.D.2d 582 (1967)

In the Matter of the Claim of Winfield Stringham, Respondent, F & M Schaefer Brewing Co., Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

December 15, 1967


HERLIHY, J.

The claimant while on vacation suffered a heart attack and was unable to return to his work. During the period of his illness he was advised that he came within the age limit to retire and receive a substantial severance allowance under the provisions of a union contract which provided for incentive retirement and that because of his age, the election to do so would have to be made during the period of his illness. He accordingly made such...

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