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Matter of Reeves v. Pfizer Co., Inc.

Court of Appeals of the State of New York
Oct 17, 1968
22 N.Y.2d 950 (N.Y. 1968)

Opinion

Argued October 9, 1968

Decided October 17, 1968

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

John E. Knauf for appellants.

James P. Lynch and John M. Cullen for Special Fund for Reopened Cases, respondent.

Louis J. Lefkowitz, Attorney-General ( Morris N. Lissauer, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.


Order affirmed, with costs. Following the closing of the case on October 27, 1958, the employer continued to pay claimant his full wages, although he was unable to do the work he had performed prior to the accident. These payments, therefore, constituted advance payments of compensation, and were made within three years of the reopening of the case. Hence, the Fund for Reopened Cases is not liable under section 25-a of the Workmen's Compensation Law, and the board properly rescinded its original order and cast liability upon the employer and carrier ( Matter of Tremblay v. Warren County Westmount Sanatorium, 24 A.D.2d 658; Matter of Dorfer v. Summerhays Sons Corp., 286 App. Div. 1053, mot. for lv. to app. den. 309 N.Y. 1032).

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.


Summaries of

Matter of Reeves v. Pfizer Co., Inc.

Court of Appeals of the State of New York
Oct 17, 1968
22 N.Y.2d 950 (N.Y. 1968)
Case details for

Matter of Reeves v. Pfizer Co., Inc.

Case Details

Full title:In the Matter of the Claim of FREDERICK REEVES, Respondent, v. CHARLES…

Court:Court of Appeals of the State of New York

Date published: Oct 17, 1968

Citations

22 N.Y.2d 950 (N.Y. 1968)

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