MATTER OF IOVINO v. WESTERN ELEC. CO.


71 A.D.2d 717 (1979)

In the Matter of the Claim of James Iovino, Appellant, v. Western Electric Company, Respondent. Workers' Compensation Board, Respondent

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

July 12, 1979


The board found: "claim for compensation was not timely filed as provided under Section 28 of the Workmen's Compensation Law." The record supports the finding that payment of wages and medical insurance benefits under an employee benefit plan did not constitute advance payment of compensation to claimant. The decision of the board is supported by substantial evidence and must be affirmed (Matter of Julian v New York Tel. Co., 64 A.D.2d 336

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