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MATTER OF GALLMAN v. WALT'S TREE SERV.

43 A.D.2d 419 (1974)

In the Matter of the Claim of Howard Gallman, Respondent, v. Walt's Tree Service, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

February 21, 1974.

Attorney(s) appearing for the Case

Herbert Lasky (Louis Busell of counsel), for State Insurance Fund, appellant.

Lipsitz, Green, Fahringer, Roll, Schuller & James for Howard Gallman, respondent.

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

HERLIHY, P. J., STALEY, JR., GREENBLOTT and MAIN, JJ., concur.

COOKE, J.

This is an appeal from a decision of the Workmen's Compensation Board, filed June 12, 1973.

Claimant suffered a fractured skull when struck by a tree limb in the course of his employment on March 11, 1968. He received an award for temporary total disability until June 3, 1968 when he returned to work at an increased rate of pay. It is undisputed that he suffered a "mild permanent partial disability" and on October 19, 1971 the Referee...

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