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MTR. OF BROWN v. INTERSTATE MOTOR

32 A.D.2d 51 (1969)

In the Matter of the Claim of John M. Brown, Respondent, v. Interstate Motor Freight System, Inc., Appellant, and Special Fund for Reopened Cases, Respondent. Workmen's Compensation Board, Respondent

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

April 21, 1969.

Attorney(s) appearing for the Case

Smith, Sovik, Terry, Kendrick, McAuliffe & Schwarzer (Martin F. Kendrick of counsel), for appellant.

Manuel Fineberg for claimant-respondent.

John M. Cullen for Special Fund for Reopened Cases, respondent.

Louis J. Lefkowitz, Attorney-General (Daniel Polansky and Julius Fell of counsel), for Workmen's Compensation Board, respondent.

HERLIHY, REYNOLDS, STALEY, JR., and COOKE, JJ., concur.

GIBSON, P. J.

Appeal is taken by a self-insured employer from a decision of the Workmen's Compensation Board. With respect to a Referee's decision reopening claimant's 1953 accident case, the board rescinded the decision, closed the case on the prior schedule award for a 75% loss of use of the right arm and discharged the Special Fund for Reopened Cases under section 25-a; and with respect to a Referee's decision...

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