Home/New York Court of Appeals/Claim of O'Reilly v. Raymond Concrete Piling, Inc.

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

393 N.E.2d 470, 47 N.Y.2d 891, 419 N.Y.S.2d 475, 1979 N.Y. LEXIS 2159
CourtNew York Court of Appeals
DecidedJune 14, 1979
StatusPublished
Cited by6 cases

This text of 393 N.E.2d 470 (Claim of O'Reilly v. Raymond Concrete Piling, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Claim of O'Reilly v. Raymond Concrete Piling, Inc., 393 N.E.2d 470, 47 N.Y.2d 891, 419 N.Y.S.2d 475, 1979 N.Y. LEXIS 2159 (N.Y. 1979).

Opinion

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.

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Bluebook (online)
393 N.E.2d 470, 47 N.Y.2d 891, 419 N.Y.S.2d 475, 1979 N.Y. LEXIS 2159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-oreilly-v-raymond-concrete-piling-inc-ny-1979.