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Matter of Greenberg v. Phipps Hat Works, Inc.

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1967
28 A.D.2d 576 (N.Y. App. Div. 1967)

Opinion

May 1, 1967


Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board finding that the Special Funds is not liable on this claim under subdivision 8 of section 15 Work. Comp. of the Workmen's Compensation Law. The board was warranted in finding, as it did, that, "The medical evidence introduced indicates that it has not been established that the death would not have occurred except for the prior permanent physical impairment". We need not discuss the other apparent deficiencies in proving the factors necessary to establish Special Fund's liability. Decision affirmed, with costs to respondent Special Fund. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Aulisi, J.


Summaries of

Matter of Greenberg v. Phipps Hat Works, Inc.

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1967
28 A.D.2d 576 (N.Y. App. Div. 1967)
Case details for

Matter of Greenberg v. Phipps Hat Works, Inc.

Case Details

Full title:In the Matter of the Claim of CHARLOTTE GREENBERG, Respondent, v. PHIPPS…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 1, 1967

Citations

28 A.D.2d 576 (N.Y. App. Div. 1967)