Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MATTER CLAIM FREDERICK REEVES v. CHARLES PFIZER & CO. (10/17/68)

COURT OF APPEALS OF NEW YORK 1968.NY.43171 <http://www.versuslaw.com>; 242 N.E.2d 396; 22 N.Y.2d 950 decided: October 17, 1968. IN THE MATTER OF THE CLAIM OF FREDERICK REEVES, RESPONDENT,v.CHARLES PFIZER & CO., INC., ET AL., APPELLANTS, AND SPECIAL FUND FOR REOPENED CASES, RESPONDENT. WORKMEN'S COMPENSATION BOARD, RESPONDENT Matter of Reeves v. Pfizer & Co., 28 A.D.2d 792, affirmed. 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. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.


Matter of Reeves v. Pfizer & Co., 28 A.D.2d 792, affirmed.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

 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the Fund for Reopened Cases is not liable under section 25-a of the Workmen's Compensation Law, and the board properly rescinded its original order and cast liability upon the employer and carrier (Matter of Tremblay v. Warren County Westmount Sanatorium, 24 A.D.2d 658; Matter of Dorfer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).

Disposition

Order affirmed, with costs.

19681017

© 1998 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.