MATTER OF KAHAN v. UNTERMAN PHARMACY, INC.


44 A.D.2d 859 (1974)

In the Matter of Philip Kahan, Respondent, v. Unterman Pharmacy, 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.

May 2, 1974


On August 17, 1970 claimant, aged 77, sustained a recurrent right inguinal hernia as a result of a lifting experience. Claimant's attending physician referred him to an internist who concluded claimant was not a "good operative risk" due to a cardiac condition. The board found permanent total disability due to the accidental injury. In view of this finding, it determined that liability against the Special Fund under section 15 (subd. 8) of the Workmen's Compensation Law had...

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