Claim of Balsom v. American Biscuit Co. , 273 A.D. 833 ( 1948 )

Appeal from an award of disability compensation made pursuant to the provisions of the Workmen’s Compensation Law. Claimant was injured during the course of his employment. Appellants assert however that he is barred by an election to bring a third party action and by his failure to prosecute the case. The evidence does not support this assertion. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Hill, P. J., Heffernan, Brewster, Poster and Bussell, JJ.