Hyperlawhypertext legal database Claim of O'Reilly v. Raymond Concrete Piling, Inc. 47 N.Y.2d 891

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Claim of O'Reilly v. Raymond Concrete Piling, Inc.

47 N.Y.2d 891 Court N.Y. Decision date 1979-06-14 English

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p. 891
In the Matter of the Claim of Fred O’Reilly, Claimant, v Raymond Concrete Piling, Inc., et al., Appellants, and Special Disability Fund, Respondent. Workers’ Compensation Board, Respondent.
Submitted May 4, 1979;
decided June 14, 1979
p. 892
APPEARANCES OF COUNSEL
Phyllis O’Connell for appellants.
George Cholet and Patrick E. Harnedy for Special Disability Fund, respondent.

OPINION OF THE COURT

Memorandum.

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

To obtain reimbursement from the Special Disability Fund, a compensation carrier bears the burden of demonstrating that a disability occurring subsequent to a permanent physical impairment resulted in a permanent disability caused by both conditions and which is materially and substantially greater because of the prior impairment than it would have been alone. (Worker’s Compensation Law, § 15, subd 8; Matter of Grieco v Grieco Elec. Co., 52 AD2d 1011 .) In the instant case, substantial evidence exists in the record to support the board’s determination that appellants failed to meet this burden.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order affirmed.