Opinion
September 28, 1949.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Santry and Bergan, JJ. [See 276 App. Div. 798.]
It is undisputed that claimant sustained an industrial accident on March 5, 1923, which arose out of and in the course of his employment. He was disabled for some period and during his disability the employer paid him his full wages. Later he returned to work and in April of 1947 he again became totally disabled as a result of the original accident. During that period of disability the employer provided claimant with medical care and treatment and also paid him his wages. The appellants claim that the award should be made against the Fund for Reopened Cases pursuant to the provisions of sections 123 Work. Comp. of and 25-a Work. Comp. of the Workmen's Compensation Law. The board held that neither of these provisions is applicable. The evidence sustains the determination. Award unanimously affirmed, with costs to the Workmen's Compensation Board.