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MATTER OF DUDLEY v. BROWN, HARRIS & STEVENS, INC.

35 A.D.2d 1040 (1970)

In the Matter of the Claim of James Dudley, Respondent, v. Brown, Harris and Stevens, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

December 21, 1970

The sole issue raised on this appeal is whether the refusal of the board to reopen the case to permit the introduction of medical testimony after a hearing and an award in favor of claimant was arbitrary and capricious. The board has the authority to reopen a case and change its prior decision (Workmen's Compensation Law, § 15, subd. 6, par. [c]; §§ 22, 123). The determination to reopen, however, is within the discretion of the board and its action will not...

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