Appellate Division of the Supreme Court of New York, 1978

Claim of Sferrazza v. Interboro Surface Co.

Claim of Sferrazza v. Interboro Surface Co.
Appellate Division of the Supreme Court of New York · Decided October 12, 1978
65 A.D.2d 634; 409 N.Y.S.2d 276; 1978 N.Y. App. Div. LEXIS 13350
Claim of Sferrazza v. Interboro Surface Co.

Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed October 28, 1976, which affirmed a referee’s decision rejecting the carrier’s claim for reimbursement from the Special Disability Fund. The board found "the statement submitted by Dominick Carlino is based on hearsay and is not sufficient evidence to establish knowledge under the provisions of Section 15, subd. 8 of the [Workers’ Compensation Law] law.” The record supports the decision of the board. Decision affirmed, with costs to the Special Disability Fund against the employer and its insurance carrier. Mahoney, P. J., Sweeney, Larkin, Mikoll and Herlihy, JJ., concur.

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