Opinion
Argued June 6, 1946
Decided July 23, 1946
Appeal from the Supreme Court, Appellate Division, Third Department.
Robert E. Whalen, Charles E. Nichols and Sherman A. Murphy, Jr. for appellant.
Nathaniel L. Goldstein, Attorney-General ( Roy Weidersum of counsel), for Workmen's Compensation Board, respondent.
John M. Cullen for Special Fund for Reopened Cases, respondent.
Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND and THACHER, JJ. FULD, J., dissents on the ground that the voluntary and gratuitous payment of drug or medical bills is not "payment * * * of compensation previously awarded" within the meaning of section 25-a of the Workmen's Compensation Law. Taking no part: DYE, J.