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MATTER OF GASS v. ONONDAGA BEVERAGE CORP.

79 A.D.2d 779 (1980)

In the Matter of the Claim of William Gass, Respondent, v. Onondaga Beverage Corp. et al., Appellants, and Special Disability Fund, Respondent. Workers' Compensation Board, Respondent

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

December 18, 1980

The board found "that the date of disability was October 16, 1976 * * * carrier filed C-250 December 21, 1978 which was more than 104 weeks after the disability and that constituted late filing (Matter of Lambright v. St. Luke's Hospital, 3 N.Y.2d 832) * * * thus claim for reimbursement per Section 15-8 should be denied." The decision is supported by substantial evidence.

Decision affirmed, with costs to respondent Special...

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