Claim of Smith v. Pfaudler Co.
Opinion of the Court
— Appeal from a decision of the Workmen’s Compensation Board, filed January 9, 1976, which discharged the Special Disability Fund from liability under subdivision 8 of section 15 of the Workmen’s Compensation Law. Claimant’s husband was killed in the course of his employment when struck by a forklift towmotor. He was blind in the right eye and deaf in the right ear, both handicaps resulting from a prior industrial accident. When last seen prior to the accident, he had his head turned to the right while the truck that caused his death approached from his left. It is appellants’ contention that his physical limitations compelled him to adopt such a posture. The board has affirmed a referee’s finding that the evidence submitted seeking to hold the Special Disability Fund liable for reimbursement was based upon mere speculation. We agree. In order to prevail, appellants must establish that the pre-existing physical impairment was an essential factor in causing the death (Matter of Bruton v Becho Serv. Sta.,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.