Tucker v. Frank J. Beltramo, Inc.

The opinion of the court was delivered by

Heher, J.

The primary question at issue is whether a “final judgment” awarding compensation to an injured employe under the 'Workmen’s Compensation act of 1911 (Pamph. L., p. 134), as amended, where the issue was litigated and determined “on its merits,” without in anywise “involving the elements of agreement,” is a “formal award” within the intendment of paragraph 21 (f), section II of the a(¡t, as amended by chapter 279 of the laws of 1931 (Pamph. L., p. 704), and therefore re viewable within two years from the date when the injured employe last…