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MATTER OF KAPLAN v. WIRTH & BIRNBAUM

301 N.Y. 121 (1950)

In the Matter of the Claim of Max Kaplan, Respondent, v. Wirth & Birnbaum, Employer, and Special Fund for Reopened Cases, Appellant. Workmen's Compensation Board, Respondent. In the Matter of the Claim of John R. Houston, Respondent, v. William L. Mantha Company, Inc., Employer, and Special Fund for Reopened Cases, Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided June 1, 1950

Attorney(s) appearing for the Case

John M. Cullen for appellants.

Abraham Markhoff for Max Kaplan, claimant-respondent.

Nathaniel L. Goldstein, Attorney-General (Daniel Polansky, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur.

FROESSEL, J.

These companion appeals present a common question of law, certified to us by the Appellate Division in each case, as follows: "Under the facts in this case, does the Board have the power and jurisdiction to reopen the claim against the Special Fund for Reopened Cases under the Compensation Law?"

The facts in each case are not in controversy. The Kaplan claim, based on an injury (hernia), which...

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