Claim of Torelli v. Robert Hall Clothes

Claimant was employed for some years as a seamstress and in 1953 suffered an injury to her left hand which resulted in a permanent partial disability. The issue on this appeal is the right of the employer and carrier to have reimbursement from the Special Disability Fund under subdivision 8 of section 15 of the Workmen’s Compensation Law because of claimant’s deafness prior to the accident.

The board has denied reimbursement from the Fund on a finding that the loss of hearing was not “of such a degree * * * as to constitute a permanent physical impairment”. Since the definition by statute (§…