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MATTER OF McCOY v. PERLITE CONCRETE CO.

53 A.D.2d 749 (1976)

In the Matter of the Claim of Lester McCoy, Respondent, v. Perlite Concrete Company et al., Appellants, and Special Funds Conservation Committee, Respondent. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 10, 1976

In this case the board excused the Special Disability Fund from liability and charged the claim for all disability resulting from claimant's injury of March 31, 1969 to appellants on the ground that the employer did not have the requisite knowledge under subdivision 8 of section 15 of the Workmen's Compensation Law. The question of requisite knowledge under subdivision 8 of section 15 of the Workmen's Compensation Law is factual and thus, if the board's decision is supported...

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