MATTER OF KACZMAREK v. VILL. OF SLOAN


62 A.D.2d 1068 (1978)

In the Matter of the Claim of Marguerite Kaczmarek, Respondent, v. Village of Sloan 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.

April 6, 1978


The board found "the employer had no knowledge of pre-existing physical impairment prior to the accidents of May 21, 1970 and August 15, 1970 and claimant's death was due solely to the accident. The provisions of section 158 (e) of the Workmen's Compensation Law do not apply." There is substantial evidence to sustain the determination of the board.

Decision affirmed, with costs to respondents...

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