Claim of Leary v. Ward Baking Co.

Appeal from a decision of the Workers’ Compensation Board, filed August 13, 1976. This case presents a narrow procedural question. Claimant appealed a referee’s decision that his accident did not arise out of and during the course of his employment and, additionally, that his claim was not timely filed. The board agreed with him, reversed the referee’s decision on those specific issues, and restored the case to the referee calendar for further consideration of all other issues. The employer and its carrier appealed. Subsequently, the referee made a finding of accident, notice and causal…