Claim of Fitzgerald v. News Syndicate Co.

Appeal by the Special Disability Fund under subdivision 8 of section 15 of the Workmen’s Compensation Law from a decision which imposed liability against it on findings that claimant’s susceptibility to herniation, due to abdominal wall weakness pre-existing the accidental injury, constituted a permanent physical impairment, that knowledge thereof was imparted to the employer by its clinical records, maintained by its salaried assistant medical director, and that the disablement is materially and substantially greater than that which would have resulted from the injury alone. The assistant…