MATTER OF POSTE v. HOWARD STORES, INC.


66 A.D.2d 944 (1978)

In the Matter of the Claim of Carol Poste, Respondent, v. Howard Stores, Inc., et al., Appellants. Workers' Compensation Board, Respondent

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

December 14, 1978


The sole issue raised on this appeal is whether or not there is substantial evidence to support the conclusion of the board that the employer made an advance payment of compensation to waive the bar of section 28 of the Workers' Compensation Law. The decedent was the head of the shoe department for his employer and had the responsibility for buying that department's merchandise. On September 7, 1970, decedent died in Italy while on a buying trip. The employer learned of the...

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