Claim of O'Reilly v. Raymond Concrete Piling, Inc.
Cases that cite this one
6 later published cases cite this decision.
- Claim of Gramza v. Buffalo Board of Education (Appellate Division of the Supreme Court of New York 2017)
- Claim of Gramza v. Buffalo Board of Education (Appellate Division of the Supreme Court of New York 2017)
- Claim of Torres v. Kaufman's Bakery (Appellate Division of the Supreme Court of New York 2012)
- Claim of Torres v. Kaufman's Bakery (Appellate Division of the Supreme Court of New York 2012)
- Claim of Bushey v. Ridge (Appellate Division of the Supreme Court of New York 2010)
- Beattie v. Ebbels (Appellate Division of the Supreme Court of New York 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.