Calderone v. Metal Container Corp.

—Carpinello, J.

Appeal from a decision of the Workers’ Compensation Board, filed July 17, 2000, which discharged the Special Disability Fund from liability under Workers’ Compensation Law § 15 (8).

To obtain reimbursement pursuant to Workers’ Compensation Law § 15 (8), an employer must satisfy three conditions, the first of which is a showing that the claimant had a preexisting permanent impairment that hindered job potential (see, Matter of Chadwick v Mallinkrodt Anesthesia Prods., 264 AD2d 953). In this case, prior to claimant’s injury at work in August 1990, he had sustained a whiplash-type…