In re the Claim of Tremblay

Appellate Division of the Supreme Court of New York

In re the Claim of Tremblay

24 A.D.2d 658, 261 N.Y.S.2d 205, 1965 N.Y. App. Div. LEXIS 3641

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 8, 1965

StatusPublished

Cited by2 cases

This text of 24 A.D.2d 658 (In re the Claim of Tremblay) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Tremblay, 24 A.D.2d 658, 261 N.Y.S.2d 205, 1965 N.Y. App. Div. LEXIS 3641 (N.Y. Ct. App. 1965).

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Opinion

Memorandum by the Court.

This is an appeal by an employer and its compensation carrier from a decision of the Workmen’s Compensation Board discharging the Fund for Reopened Cases and charging the carrier with responsibility for the payment of the award. Claimant’s assignment to lighter work at the same wages, amply demonstrated by the record, constituted an advance payment of compensation tolling the three-year time limitation of section 25-a of the Workmen’s Compensation Law. (Matter of Dorfer v. Summerhays & Sons Corp., 286 App. Div. 1053, mot. for lv. to app. den. 309 N. Y. 1032; Matter of Golomb v. City of New York, 8 A D 2d 874.) Decision affirmed, with costs to the Fund for Reopened Cases. Gibson, P. J., Herlihy, Reynolds, Taylor and Hamm, JJ., concur.

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Memorandum by the Court.

This is an appeal by an employer and its compensation carrier from a decision of the Workmen’s Compensation Board discharging the Fund for Reopened Cases and charging the carrier with responsibility for the payment of the award. Claimant’s assignment to lighter work at the same wages, amply demonstrated by the record, constituted an advance payment of compensation tolling the three-year time limitation of section 25-a of the Workmen’s Compensation Law. (Matter of Dorfer v. Summerhays & Sons Corp., 286 App. Div. 1053, mot. for lv. to app. den. 309 N. Y. 1032; Matter of Golomb v. City of New York, 8 A D 2d 874.) Decision affirmed, with costs to the Fund for Reopened Cases. Gibson, P. J., Herlihy, Reynolds, Taylor and Hamm, JJ., concur.

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Bluebook (online)

24 A.D.2d 658, 261 N.Y.S.2d 205, 1965 N.Y. App. Div. LEXIS 3641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-tremblay-nyappdiv-1965.

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