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MATTER OF CILIBERTI v. CERTIFIED CREATIONS, INC.

79 A.D.2d 786 (1980)

In the Matter of the Claim of Edward Ciliberti, Respondent, v. Certified Creations, Inc., et al., Appellants, and Special Funds Conservation Committee, Respondent. Workers' Compensation Board, Respondent

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

December 18, 1980

The board rejected the application of the appellants to shift liability for a 1973 compensable accident to the Special Funds Conservation Committee (Special Disability Fund under subdivision 8 of section 15 of the Workers' Compensation Law) upon finding that the appellants failed to establish the employer's required knowledge of a pre-existing permanent physical handicap. The board found in part as follows: "Robert Lehr testified that he is owner of the company and is the...

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