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MATTER OF FAUSE v. P. M. C. CARTING CORP.

37 A.D.2d 891 (1971)

In the Matter of the Claim of Isaac Fause, Respondent, v. P. M. C. Carting Corporation 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.

October 27, 1971

The issue of whether or not a pre-existing condition when added to the disability resulting from a subsequent accident results in a permanent disability materially and substantially greater than would have resulted from the subsequent injury alone is one of fact for the board (Matter of Myers v. Doehler-Jarvis Div. Nat. Lead Co., 29 A.D.2d 597). While it is undeniable that the pre-existing condition of diabetes is of concern in the...

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