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MATTER OF THEANO v. MARSH & McLENNAN

64 A.D.2d 761 (1978)

In the Matter of the Claim of Marie E. Theano, Respondent, v. Marsh & McLennan et al., Appellants, and Special Fund for Disability Benefits, Respondent. Workers' Compensation Board, Respondent

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

July 13, 1978

The primary issue in this case was whether or not the employer had any knowledge of a condition of the employee — an operation whereby a bone was removed from her wrist — which was a permanent impairment. The board found upon "the credible testimony" that the employer had no good faith belief of a previous permanent impairment. There is substantial evidence to sustain the finding of the board.

Decision affirmed...

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