Opinion
April 27, 1971
Appeal from a decision of the Workmen's Compensation Board, filed May 21, 1970, which discharged the Special Disability Fund from liability under subdivision 8 of section 15 Work. Comp. of the Workmen's Compensation Law. Upon this record, the board was not compelled to find that the employer had knowledge of any prior physical impairment within the meaning of the statute (cf. Matter of Bellucci v. Tip Top Farms, 24 N.Y.2d 416). Decision affirmed, with costs to the Special Disability Fund. Herlihy, P.J., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.