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MATTER OF ROLLER v. LEHIGH PORTLAND CEMENT CO.

89 A.D.2d 1040 (1982)

In the Matter of the Claim of Albert J. Roller, Respondent, v. Lehigh Portland Cement Company et al., Appellants, and Special Fund Conservation Committee, Respondent. Workers' Compensation Board, Respondent

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

September 22, 1982

Motion to dismiss appeal granted, without costs.

The decision of the board which denied applications to reopen three cases and restored two active cases to the referee calendar is interlocutory in nature and is, therefore, not appealable (Workers' Compensation Law, § 23). Moreover, it is not clear from the board's decision that the parties have been precluded from litigating the issue of the effect of the previous injuries on claimant's over-all disability in...

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