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PLUTA v. BETHLEHEM STEEL

49 A.D.2d 260 (1975)

In the Matter of the Claim of Leonard J. Pluta, Respondent, v. Bethlehem Steel Corporation et al., Appellants. Workmen's Compensation Board, Respondent

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

November 6, 1975

Attorney(s) appearing for the Case

Ohlin, Damon, Morey, Sawyer & Moot (James N. Schmit of counsel), for appellants.

Thomas E. Krug for Leonard J. Pluta, respondent.

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

HERLIHY, P. J., SWEENEY, KANE and MAIN, JJ., concur.

LARKIN, J.

The employer and its carrier appeal from a decision and award of benefits by the Workmen's Compensation Board contending that the award should be paid by the Special Fund for Disability Benefits (Workmen's Compensation Law, § 207).

The facts are not in dispute. Claimant was employed on an hourly basis by the Bethlehem Steel Corporation from September, 1947 until October, 1971 when he was...

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