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Matter of Klein v. Ambrosino

Appellate Division of the Supreme Court of New York, Third Department
Jan 16, 1951
278 App. Div. 620 (N.Y. App. Div. 1951)

Opinion

January 16, 1951.

Appeal from Workmen's Compensation Board.

Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.


The award itself is not questioned. Appellants contend that their request for reimbursement from the Special Fund, pursuant to subdivision 8 of section 15 Work. Comp. of the Workmen's Compensation Law was improperly denied. There is not only a lack of evidence of knowledge of the employer of a permanent disability which was or was likely to be a hindrance or obstacle to employment. (See Matter of Zyla v. Juilliard Co., 277 App. Div. 604), but the board expressly found as a fact, which we may not disturb because of evidence to support it, that up to December 10, 1945, (the date of the second accident) claimant was not suffering from any permanent condition due to a previous accident or disease which was or was likely to be a hindrance or obstacle to employment. Such a finding precludes the application of subdivision 8 of section 15 Work. Comp. of the Workmen's Compensation Law. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.


Summaries of

Matter of Klein v. Ambrosino

Appellate Division of the Supreme Court of New York, Third Department
Jan 16, 1951
278 App. Div. 620 (N.Y. App. Div. 1951)
Case details for

Matter of Klein v. Ambrosino

Case Details

Full title:In the Matter of the Claim of BERNARD KLEIN, Respondent, against SALVATORE…

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

Date published: Jan 16, 1951

Citations

278 App. Div. 620 (N.Y. App. Div. 1951)

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