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MATTER OF HENDRICKS v. TORO POWER HOUSE, INC.

53 A.D.2d 761 (1976)

In the Matter of the Claim of Edward Hendricks, Respondent, v. Toro Power House, 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.

June 10, 1976

In order to have reimbursement from the fund, the burden was upon the appellants to establish that the employer had either hired or continued in employment the claimant with knowledge of a pre-existing permanent physical impairment affecting his eligibility and a good faith belief in its permanency. (Matter of Bellucci v Tip Top Farms, 24 N.Y.2d 416; Matter of Milner v Country Developers, 43 A.D.2d 595

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