MATTER OF HARMATUK v. WESTERN ELEC. CO.


25 A.D.2d 904 (1966)

In the Matter of the Claim of Walter Harmatuk, Respondent, v. Western Electric Company, Appellant, 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 3, 1966


GIBSON, P. J.

Claimant was assigned to lighter work following the initial injury and had awards for reduced earnings due to continuing partial disability which the board had not classified as permanent. The claim that the self-insured employer had knowledge of a permanent injury to the back rests (1) in part on the testimony of a foreman that from his observation of the way claimant carried on, he "didn't think [the back condition] would ever clear up...

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