Claim of Bertone v. La Cal Causle Corp.

Empire Mutual seeks to sustain a determination below which upheld its claim for reimbursement from the Special Disability Fund for all payments made to the claimant beyond 104 weeks, pursuant to section 15 (subd. 8) of the Workmen’s Compensation Law.

In 1960, the claimant sustained severe injuries. It is conceded that the claimant had been previously injured while working for the same employer and that the earlier injury had resulted in some residual permanent defects which created a physical handicap to employment.

Respondent Empire Mutual Insurance Company, as Workmen’s Compensation insurance…