the Claim of Kumatsky v. George M. Still, Inc.

Appeal by the employer and its carrier from a decision of the Workmen’s Compensation Board, filed September 4, 1975, which discharged the Special Disability Fund from liability under the provisions of subdivision 8 of section 15 of the Workmen’s Compensation Law. In order for liability to pass to the Special Disability Fund under subdivision 8 of section 15, the claimant must have a prior physical impairment which is permanent, and the employer must hire or continue him in employment "with knowledge of the impairment and a good faith belief of its permanency” (Matter of Bellucci v Tip Top…