Claim of Pignataro v. Westchester Parkway Police Department

Foster, P. J.,

Appeal from a decision of the Workmen’s Compensation Board which discharged the Special Fund for Reopened Cases from liability. The issue posed is whether the payment of an accidental disability retirement pension is a payment of compensation within the meaning of section 25-a of the Workmen’s Compensation Law.

Claimant was employed as a patrolman in the Westchester Parkway Police Department. In October, 1938 he suffered injuries to his chest, stomach and back as the result of an automobile collision which happened in the line of duty. He returned to light duty one month after…