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MATTER OF ECKHAUS v. ADECK STORE, INC.

21 A.D.2d 707 (1964)

In the Matter of the Claim of Adolf Eckhaus, Respondent, v. Adeck Store, Inc., 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.

May 6, 1964

A prior appeal involved other issues. (11 A.D.2d 569, revd. 11 N.Y.2d 862.) To invoke the provisions of subdivision 8 of section 15 of the Workmen's Compensation Law it is required that the employer know that the nature of the employee's condition to be such as to amount to a permanent impairment and that action taken by the employer in continuing the employment be by an informed decision based on such...

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