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  5. 27 A.D.2d 788 (1967)
 

MATTER OF GANS v. ACTIVE EQUIP. SUPPLY, INC.

27 A.D.2d 788 (1967)

In the Matter of the Claim of Ralph A. Gans, Respondent, v. Active Equipment Supply, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

February 24, 1967

Per Curiam.

The award was predicated solely on the board's finding "in the present circumstances, and in the interests of justice, that the filing of the C-2 by the employer who was also the claimant, was a proper filing of a claim for compensation." Legally, of course, the board erred in finding that the employer was "also the claimant" and factually there was no showing that he was even the beneficial owner of the...

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