MATTER OF BRUTON v. BECHO SERV. STATION


28 A.D.2d 1038 (1967)

In the Matter of the Claim of Ann Bruton, Respondent, v. Becho Service Station et al., Respondents, and Special Disability Fund, Appellant. Workmen's Compensation Board, Respondent

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

October 24, 1967


GABRIELLI, J.

The carrier's claim for reimbursement was filed pursuant to subdivision 8 of section 15 of the Workmen's Compensation Law on the ground that the decedent's death "would not have occurred except for such pre-existing permanent physical impairment" (Workmen's Compensation Law, § 15, subd. 8, par. [e]). In this instance the employee's pre-existing impairment consisted of the absence of his left hand. He was stabbed by a fellow employee...

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