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MATTER OF FRYE v. J. D. COUSINS & SONS, INC.

70 A.D.2d 677 (1979)

In the Matter of the Claim of Betty E. Frye, as Executrix of Norman E. Frye, Deceased, Respondent, v. J. D. Cousins & Sons, Inc., et al., Appellants. Workers' Compensation Board, Respondent

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

May 3, 1979

The sole issue on this appeal is whether the board properly made an award of disability benefits under section 236 of the Workers' Compensation Law. The claimant's husband, Norman Frye, worked for J. D. Cousins & Sons, Inc., as a machinist since 1959. He commenced a three-week paid vacation on July 22, 1976 and returned to work on Augst 7. He worked four days and was absent thereafter for two weeks because of chronic pulmonary disease. He returned to work on August 30...

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