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MATTER OF GANTZ v. WALLACE & TIERNAN LUCIDOL DIV.

41 A.D.2d 991 (1973)

In the Matter of the Claim of Frank J. Gantz, Respondent, v. Wallace & Tiernan Lucidol Division et al., Respondents, and Special Fund for Reopened Cases, Appellant. Workmen's Compensation Board, Respondent

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

May 24, 1973

Claimant was injured in 1956 when his automobile was struck by a train. A compensation claim was filed and it was found that claimant had suffered a compensable accident arising out of and in the course of his employment. Compensation was paid during intermittent periods until mid-1961. At a hearing on September 19, 1962, it was disclosed that claimant had a third-party action pending against the railroad. The Referee therefore...

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