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MATTER OF KUMATSKY v. GEORGE M. STILL, INC.

55 A.D.2d 764 (1976)

In the Matter of the Claim of Henry Kumatsky, Respondent, v. George M. Still, 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.

December 16, 1976

In order for liability to pass to the Special Disability Fund under subdivision 8 of section 15, the claimant must have a prior physical impairment which is permanent, and the employer must hire or continue him in employment "with knowledge of the impairment and a good faith belief of its permanency" (Matter of Bellucci v Tip Top Farms, 24 N.Y.2d 416, 420). In the case at bar, the president of the employer testified that prior to...

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