MATTER OF SMITH v. EVERGREEN CEMETERY ASSOC.


28 A.D.2d 743 (1967)

In the Matter of the Claim of Russel C. Smith, Respondent, v. Evergreen Cemetery Assoc. et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

June 19, 1967


STALEY, JR., J.

The claimant was employed by the Evergreen Cemetery Association as a laborer in August, 1929, and in 1943 became superintendent of the employer's cemetery. As superintendent, he continued to perform the work of a laborer, but had the authority to hire and fire other laborers as the volume of work increased or decreased in the cemetery. During 1951, the claimant began to develop difficulty in walking, and consulted a physician concerning...

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