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MATTER OF DEUBEL v. BUFFALO POTTERY

283 A.D. 542 (1954)

In the Matter of the Claim of Leroy S. Deubel (Deubel), Respondent, v. Buffalo Pottery, Inc., et al., Appellants, and Liberty Mutual Insurance Co. et al., Respondents. Workmen's Compensation Board, Respondent

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

March 24, 1954.

Attorney(s) appearing for the Case

George J. Hayes, Bernard Katzen and Victor Fiddler for appellants.

John M. Cullen for Special Funds, respondent.

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

FOSTER, P. J., BERGAN, COON, HALPERN and IMRIE, JJ., concur.

Per Curiam.

Appellants have been held liable for total disability payments to claimant, due to silicosis, subsequent to July 5, 1947. In response to a request that its decision include a provision for reimbursement from the Special Disability Fund after 260 weeks, the Workmen's Compensation Board, in the decision appealed from, denied such reimbursement on the sole ground that no formal, written notice of the claim...

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