MATTER OF CARTER v. NEW YORK STATE DEP'T OF CORR.


35 A.D.2d 861 (1970)

In the Matter of the Claim of Francis Carter, Respondent, v. New York State Department of Correction 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.

November 5, 1970


The board found that the employer knew of the claimant's prior back condition and that he considered it permanent. The medical testimony establishes that the claimant's partial disability is substantially and materially greater than it would have been without the prior impairment. The board therefore found that the carrier is entitled to reimbursement from the Special Disability Fund for payments made after 104 weeks of disability and medical benefits.

Decision affirmed...

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