MATTER OF CARTER v. TOWN OF COXSACKIE


286 A.D. 899 (1955)

In the Matter of the Claim of Bertha Carter, on Behalf of Herself and Minor Children, Respondent, v. Town of Coxsackie et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 16, 1955.


The sole issue is whether the board was in error in finding that there was not sufficient proof to entitle the employer to reimbursement from the Special Fund under subdivision 8 of section 15 of the Workmen's Compensation Law, the so-called second injury statute. The decedent at the time of his death was employed as a labor foreman by the appellant Town of Coxsackie. While engaged in heavy work in repairing a road, he suffered a heart attack which caused his death. There...

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