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IN THE MATTER OF SOMERS v. DEMCO

8 N.Y.3d 831 (2007)

862 N.E.2d 472

830 N.Y.S.2d 525

In the Matter of the Claim of THOMAS SOMERS, Respondent, v. DEMCO et al., Respondents, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of the State of New York.

Decided January 11, 2007.

Attorney(s) appearing for the Case

Melissa A. Day, Albany, for appellant.

Thomas P. Etzel, Buffalo, for State Insurance Fund, respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs.

In order to promote the employment of disabled people, the Legislature created the Special Disability Fund. That Fund reimburses carriers and employers for part of their liability under the Workers' Compensation Law to a worker who becomes permanently disabled, if that worker was previously suffering...

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