MATTER OF DENNETT v. DENNETT REFRIGERATION EQUIP.


38 A.D.2d 659 (1971)

In the Matter of the Claim of Yetta Dennett, Respondent, v. Dennett Refrigeration Equipment et al., Appellants; Security Insurance Company et al., Respondents, 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.

December 22, 1971


The claimant's right to death benefits is not in question here. The sole issue raised is that of liability of the Special Fund for Reopened Cases. The appellants contend that the board erred as a matter of law when it discharged the Special Fund on a finding that there had been no final closing within the meaning of section 25-a since further proceedings were contemplated. Claimant's decedent suffered three compensable heart attacks in 1948, 1951 and 1954. By a 1961 board...

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