Leaver v. the Midvale Co.

Opinion by

Fine, J.,

The novel question for determination in this workmen’s compensation case is whether John Leaver, the claimant, admittedly entitled to total disability payments before and after his military service, should have the amounts received from the army through his military service .set off against disability compensation which might otherwise be paid him. The referee refused disability payments; the board reversed and the court below affirmed the board. The employer, The Midvale Company, has appealed. ' .....

The accident occurred on February 24, 1942, when the claimant fell from a…