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MATTER OF GREEN v. KENTUCKY FRIED CHICKEN

38 A.D.2d 644 (1971)

In the Matter of the Claim of Clyde Green, Respondent, v. Kentucky Fried Chicken 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.

December 20, 1971

The board's determination, being based upon the test of "informed knowledge", which test was declared erroneous in Matter of Bellucci v. Tip Top Farm (24 N.Y.2d 416), where the court (p. 420) declared the proper test to be "knowledge of the impairment and a good faith belief of its permanency", the determination of the board must be reversed, and the matter remitted to the board for additional findings consistent with the decision...

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