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MATTER OF LODGE v. JUST ONE BREAK, INC.

38 A.D.2d 999 (1972)

In the Matter of the Claim of Mary Lodge, Respondent, v. Just One Break, Inc., 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.

March 13, 1972

On October 7, 1965 claimant while working slipped and fell, fracturing her hip. Claimant's rights to compensation benefits are not controverted; the sole question being the board's discharge of the Special Disability Fund from reimbursement liability on the finding of a lack of prior physical impairment. Liability lies on the part of the Special Fund "if it is established that (1) there was a permanent physical impairment of the...

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