1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 142 A.D.2d
  5. 142 A.D.2d 177 (1988)
 

RUFFINO v. ROSEN & SONS

142 A.D.2d 177 (1988)

In the Matter of Ella Ruffino, Respondent, v. Isadore Rosen & Sons et al., Respondents, and Special Disability Fund, Appellant. Workers' Compensation Board, Respondent

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

December 8, 1988

Attorney(s) appearing for the Case

Morris N. Lissauer for appellant.

Foley, Smit, O'Boyle & Weisman (Henriette Frieder and Hugh O'Boyle of counsel), for Isadore Rosen and Sons and another, respondents.

Robert Abrams, Attorney-General (Jane Lauer Barker and Iris A. Steel of counsel), for Workers' Compensation Board, respondent.

MAHONEY, P. J., and MERCURE, J., concur with LEVINE, J.; CASEY and WEISS, JJ., dissent and vote to reverse in an opinion by CASEY, J.

LEVINE, J.

While working for the employer in October 1973, decedent sustained an injury which resulted in a permanent partial disability, and the employer's workers' compensation insurance carrier was directed to pay disability benefits. Since decedent had a preexisting physical impairment (diabetes), the carrier applied for and was granted reimbursement from the Special Disability Fund pursuant to Workers'...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases