MATTER OF HERTZEL v. ALBANY HOUS. AUTH.


34 A.D.2d 712 (1970)

In the Matter of the Claim of William L. Hertzel, Respondent, v. Albany Housing Authority 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.

April 23, 1970


GREENBLOTT, J.

The sole issue on appeal is whether there is substantial evidence to support the board's finding that the employer had knowledge of a pre-existing permanent impairment. Respondent was hired in 1952 as a mechanical inspector for the Albany Housing Authority. At that time he was suffering from a permanent disability, diagnosed as a rupture of the nucleus pulposus of the fourth lumbar vertebra, as a result of an injury sustained in 1940. In...

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