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This memorandum discusses the burden of proof for compensation carriers seeking reimbursement from the Special Disability Fund. To obtain reimbursement, carriers must demonstrate that a disability occurring after a permanent physical impairment resulted in a permanent disability caused by both conditions, and that the disability is materially and substantially greater due to the prior impairment than it would have been alone. The court found substantial evidence in the record to support the board’s determination that the appellants failed to meet this burden, thus affirming the Appellate Division's order.
Claim of O'Reilly v. Raymond Concrete Piling, Inc. is a workers' compensation case decided in New York Court of Appeals. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in New York Court of Appeals.
Full Decision Text1 Pages
This memorandum discusses the burden of proof for compensation carriers seeking reimbursement from the Special Disability Fund. To obtain reimbursement, carriers must demonstrate that a disability occurring after a permanent physical impairment resulted in a permanent disability caused by both conditions, and that the disability is materially and substantially greater due to the prior impairment than it would have been alone. The court found substantial evidence in the record to support the board’s determination that the appellants failed to meet this burden, thus affirming the Appellate Division's order.
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