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Matter of Cerniglia v. McDonald

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 1951
278 App. Div. 596 (N.Y. App. Div. 1951)

Opinion

January 10, 1951.

Appeal from Workmen's Compensation Board.

Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.


Claimant sustained accidental injuries to his back on February 16, 1946, while working for the employer. He suffered six compensable injuries to his back while working for various employers. All the claims were related to his back condition and combined to ascertain liability. Three were sustained prior to the accident of February 16th and two subsequently. The board found that initial period of total disability commenced on February 16, 1946, and continued to February 26, 1946, and that it was due solely to this accident. The statute provides that an application for reimbursement shall be made in writing prior to the final determination that the resulting disability is permanent "but in no case more than one hundred four weeks after the date of disability". The carrier made an application for reimbursement on April 3, 1948. It was denied by the board on the ground that it was not timely made. The evidence sustains the determination of the board. Award and decision unanimously affirmed, with costs to the Workmen's Compensation Board.


Summaries of

Matter of Cerniglia v. McDonald

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 1951
278 App. Div. 596 (N.Y. App. Div. 1951)
Case details for

Matter of Cerniglia v. McDonald

Case Details

Full title:In the Matter of the Claim of FRANK J. CERNIGLIA, Respondent, against…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 10, 1951

Citations

278 App. Div. 596 (N.Y. App. Div. 1951)

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