In this second-injury case, appellants rely solely on the testimony of the employer's foreman but this was merely that he knew that claimant "had a back condition before"; and, on cross-examination, he admitted that he did not "consider it" when hiring claimant. Thus, there is no proof that the employer hired claimant as a handicapped person or, indeed, that he could know or infer either the nature of the back condition or its permanency. (Matter of Vance v. Ormsby
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MATTER OF MOREHOUSE v. TOWN OF BOLTON
19 A.D.2d 665 (1963)
In the Matter of the Claim of Clifford Morehouse, Respondent, v. Town of Bolton et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
June 27, 1963
June 27, 1963
Appellate Division of the Supreme Court of the State of New York, Third Department.
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