Ins. Co. of North America v. S. E. Senior

Herlihy, J. (dissenting).

The issue in this proceeding is whether or not the Chairman has correctly computed the assessments under attack. Although there is no assessment under section 25-a of the Workmen’s Compensation Law attacked in this case, the result reached herein as to section 151 of the Workmen’s Compensation Law directly affects assessments made for this Special Fund.

In this regard section 15 (subd. 8, par. [h]) provides in part as follows: ‘ ‘ Special disability fund * * * The chairman * * * shall assess * * * a sum equal to that proportion of one hundred seventy-five per centum of…