MATTER OF MAYER v. HARMONY COUNTRY CLUB


39 A.D.2d 990 (1972)

In the Matter of the Claim of Herbert Mayer, Respondent, v. Harmony Country Club 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.

June 21, 1972


Claimant, a baker's helper, sustained a myocardial infarction for which compensation was established. Based upon previous impairment of arthritis, asthma and diabetes, the carrier filed a claim for reimbursement under subdivision 8 of section 15 of the Workmen's Compensation Law. The majority of the board, finding that "the employer did not have sufficient knowledge of the claimant's preexisting condition to be able to make an informed judgment of permanent physical impairment...

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