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  5. 63 N.Y.2d 1002 (1984)
 

MATTER OF SMITH v. MALLORY TIMERS CO. DIV. OF P. R. MALLORY & CO., INC.

63 N.Y.2d 1002 (1984)

In the Matter of Renate Smith, Respondent, v. Mallory Timers Company Division of P. R. Mallory & Co., Inc., Respondent. Workers' Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided November 15, 1984.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Morris N. Lissauer, Peter H. Schiff, Carlin Meyer and Reed Brody of counsel), for appellant.

Raymond T. Buckner, Jr., for Mallory Timers Company Division of P.R. Mallory Co., Inc., respondent.

Renate Smith, respondent pro se, precluded.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.

MEMORANDUM.

Order reversed, with costs, and the decision of the Workers' Compensation Board, filed July 26, 1982, reinstated. We disagree with the Appellate Division that there was "no basis in [the] record to support a determination that [claimant] would be entitled to reinstatement or back wages" after January 15, 1979. Once the employer admitted that it had rehired approximately 11 employees with seniority comparable...

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