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Matter of Green v. Chicken

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 1971
38 A.D.2d 644 (N.Y. App. Div. 1971)

Opinion

December 20, 1971


Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board, filed December 17, 1970, which discharged the Special Fund from liability upon a finding that the employer did not have an informed knowledge of a pre-existing permanent physical impairment and that there was no knowledge under the provisions of subdivision 8 of section 15 Work. Comp. of the Workmen's Compensation Law. The board's determination, being based upon the test of "informed knowledge", which test was declared erroneous in Matter of Bellucci v. Tip Top Farm ( 24 N.Y.2d 416), where the court (p. 420) declared the proper test to be "knowledge of the impairment and a good faith belief of its permanency", the determination of the board must be reversed, and the matter remitted to the board for additional findings consistent with the decision in Matter of Bellucci v. Tip Top Farms ( supra). (Cf. Matter of Hilfiker v. Parker Hannifin Corp., 37 A.D.2d 650.) Decision reversed, with costs to appellants against the Special Disability Fund, and matter remitted for further proceedings not inconsistent herewith. Herlihy, P.J., Staley, Jr., Greenblott, Cooke and Simons, JJ., concur.


Summaries of

Matter of Green v. Chicken

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 1971
38 A.D.2d 644 (N.Y. App. Div. 1971)
Case details for

Matter of Green v. Chicken

Case Details

Full title:In the Matter of the Claim of CLYDE GREEN, Respondent, v. KENTUCKY FRIED…

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

Date published: Dec 20, 1971

Citations

38 A.D.2d 644 (N.Y. App. Div. 1971)

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