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Claim of Pickworth v. Dwyer Electric Co.

20 N.Y.2d 781 Court N.Y. Decision date 1967-09-28 English

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p. 781
In the Matter of the Claim of Harris Pickworth, Respondent, v. Dwyer Electric Company et al., Appellants, and Special Disability Fund, Respondent. Workmen’s Compensation Board, Respondent.
Argued September 19, 1967;
decided September 28, 1967.
p. 782
Albert P. Thill for appellants.
John J. Fischer and John M. Cullen for Special Disability Fund, respondent.
No appearance for remaining respondents.

Order affirmed, with costs; no opinion.

Concur: Chief Judge Fuld and Judges Scileppi, Bergan and Breitel. Judges Vast Voorhis, Burke and Keating dissent and vote to reverse and to reinstate the decision of the Workmen’s Compensation Board on the ground that there is substantial evidence in this record to support the finding of the Referee, affirmed by the board, that the date of disability was February 1, 1964, which would make the claim for reimbursement timely.