MATTER OF PINTER v. LOUIS J. KENNEDY TRUCKING CORPORATION

510751.

82 A.D.3d 1481 (2011)

918 N.Y.S.2d 760

In the Matter of the Claim of DANIEL J. PINTER, Claimant, v. LOUIS J. KENNEDY TRUCKING CORPORATION, Appellant, and SPECIAL DISABILITY FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 24, 2011.


LAHTINEN, J.P.

Claimant, a truck driver, injured his back while working in 2002. His claim for workers' compensation benefits was established, and he was eventually found to have sustained a permanent partial disability. The employer and its workers' compensation carrier sought reimbursement from the Special Disability Fund pursuant to Workers' Compensation Law § 15 (8) (d). The Workers' Compensation Board ultimately determined that the statute was inapplicable...

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