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MATTER OF WRUBEL v. SURPRISE PRESS

277 A.D. 192 (1950)

In the Matter of the Claim of Louis Wrubel, Respondent, v. Surprise Press et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1950.

Attorney(s) appearing for the Case

Frederick Behr for appellants.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Gilbert M. Landy, Assistant Attorneys-General, of counsel), for Workmen's Compensation Board, respondent.

Abraham Markhoff for claimant-respondent.

FOSTER, P. J., BREWSTER, DEYO, BERGAN and COON, JJ., concur.

Per Curiam.

In this appeal the payment of an award of disability compensation to claimant is resisted upon the ground that his employer paid him his full wages during the period of disability for which the award has been made.

It is conceded that the wages aforesaid were paid. They exceeded in both amount and rate the sum awarded by the Referee's decision which the board has affirmed. The employer filed no...

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