Claim of Murphy v. Newburgh Enlarged City School District

Appeal from a decision of the Workers’ Compensation Board, filed May 4, 2016, which ruled that the employer is not entitled to reimbursement from the Special Disability Fund.

Claimant, a school teacher, sustained work-related injuries to her back, neck and left hamstring in June 2007. The employer subsequently sought reimbursement from the Special Disability Fund pursuant to Workers’ Compensation Law § 15 (8) (d) citing, among other things, claimant’s preexisting asthma and previous injuries to her knees as prior physical impairments. A Workers’ Compensation Law Judge thereafter found that the…