Claim of Lodge v. Just One Break, Inc.

Appeal by the employer and its insurance carrier from a decision of the Workmen’s Compensation Board discharging the Special Disability Fund from liability under subdivision 8 of section 15 of the Workmen’s Compensation Law. On October 7, 1965 claimant while working slipped and fell, fracturing her hip. Claimant’s rights to compensation benefits are not controverted; the sole question being *1000the board’s discharge of the Special Disability Fund from reimbursement liability on the finding of a lack of prior physical impairment. Liability lies on the part of the Special Fund “if it is established…