Claim of Vicari v. Rialto Fruit Shop, Inc.

Appeal from a decision of the Workmen’s Compensation Board holding that a policy of workmen’s compensation insurance issued by appellant was in full force and effect on September 21, 1966, the date claimant was injured, because the policy had not been canceled in accordance with the provisions of subdivision 5 of section 54 of the Workmen’s Compensation Law. Appellant admits that it issued a renewal policy covering the employer for one year commencing November 18, 1965 but asserts that “ The insured returned the policy as not wanted.” On January 20, 1966 appellant notified the Chairman of the…