MATTER OF KREBBEKS v. LAKELAND CONCRETE PRODS.


26 A.D.2d 856 (1966)

In the Matter of the Claim of Bernard Krebbeks, Respondent, v. Lakeland Concrete Products 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.

October 20, 1966


GIBSON, P. J.

Under the statute and the long-settled decisional law, imposition of liability upon the Fund depends upon a showing that the second injury occurred after the employee had been employed or continued in employment with knowledge or an informed judgment by the employer of a permanent physical impairment, which was or was likely to be a hindrance to employment; and upon proof, additionally, that the second injury resulted in a permanent disability...

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