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Matter of Andrews v. Einsfeld

Appellate Division of the Supreme Court of New York, Third Department
Nov 19, 1952
280 App. Div. 1028 (N.Y. App. Div. 1952)

Opinion

November 19, 1952.

Appeal from Workmen's Compensation Law.


The record presented is extremely scanty and leaves much to be desired. The compensation board undoubtedly had continuing jurisdiction and the award could have been changed if there was any substantial proof of a change in conditions (Workmen's Compensation Board, § 22). The record is barren of such proof. There is nothing whatever to indicate that the referee who saw claimant on October 3, 1951, had any knowledge of how the claimant looked in September, 1944; and claimant himself gave no testimony as to any change in facial disfigurement. Award reversed on the law, with costs to the Special Fund and against the Workmen's Compensation Board, and the matter remitted to the Workmen's Compensation Board for such further action as it may be advised. Foster, P.J., Brewster, Bergan and Halpern, JJ., concur.


Summaries of

Matter of Andrews v. Einsfeld

Appellate Division of the Supreme Court of New York, Third Department
Nov 19, 1952
280 App. Div. 1028 (N.Y. App. Div. 1952)
Case details for

Matter of Andrews v. Einsfeld

Case Details

Full title:In the Matter of the Caim of KENNETH A.E. ANDREWS, Respondent, against…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 19, 1952

Citations

280 App. Div. 1028 (N.Y. App. Div. 1952)

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