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MATTER OF LEON v. GEN. MOTORS CORP.

40 A.D.2d 882 (1972)

In the Matter of the Claim of Harry Leon, Respondent, v. General Motors Corp. et al., Appellants. Workmen's Compensation Board, Respondent

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

November 1, 1972

Such a reconsideration lies in the discretion of the board and is not reviewable unless the denial thereof is arbitrary and capricious (Matter of Cappellano v. Harry M. Stevens, Inc., 35 A.D.2d 861). The facts supporting the original award sustain the refusal to reconsider, and no new facts have been introduced which would have altered said earlier decision.

Decision affirmed, with costs to the Workmen's Compensation...

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