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MATTER OF TERWILLIGER v. GREEN FUEL ECONOMIZER, INC.

97 A.D.2d 572 (1983)

In the Matter of the Claim of Gerald Terwilliger, Appellant, v. Green Fuel Economizer, Inc., et al., Respondents. Workers' Compensation Board, Respondent

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

October 6, 1983

As to whether claimant's entire disability is compensable, the crucial factor is whether claimant's industrial accident acted on the pre-existing condition in such a manner as to cause disability which did not previously exist (Matter of Kuczkowski v Bethlehem Steel Corp., 90 A.D.2d 612, 613, affd 58 N.Y.2d 946). Thus, where the pre-existing condition is dormant and not disabling, there will be...

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