Weiss v. Square

This appeal tenders only the issue as to whether a proceeding under the Workmen’s Compensation Law by this petitioner is res judicata in a subsequent proceeding brought by him under section 205 of the General Municipal Law. The facts which present the issue are not in dispute.

The petitioner, a volunteer fireman, suffered injuries while attending a parade and competitive drill in which his fire department was engaged. Thereafter he applied for compensation pursuant to the provisions of the Workmen’s Compensation Law. An award was made by the referee to the petitioner and, upon review therefrom…