# Claim of O'Reilly v. Raymond Concrete Piling, Inc.

> New York Court of Appeals · June 14, 1979 · 47 N.Y.2d 891

URL: https://www.frixlaw.com/law-library/cases/5532380

## Case

- **Full name:** In the Matter of the Claim of Fred O'Reilly v. Raymond Concrete Piling, Inc., and Special Disability Fund, Workers' Compensation Board
- **Court:** New York Court of Appeals
- **Decided:** June 14, 1979
- **Citations:** 47 N.Y.2d 891; 419 N.Y.S.2d 475; 393 N.E.2d 470; 1979 N.Y. LEXIS 2159
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5532380

## Opinion text

OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
To obtain reimbursement from the Special Disability Fund, a compensation carrier bears the burden of demonstrating that a disability occurring subsequent to a permanent physical impairment resulted in a permanent disability caused by both conditions and which is materially and substantially greater because of the prior impairment than it would have been alone. (Worker’s Compensation Law, § 15, subd 8; Matter of Grieco v Grieco Elec. Co., 52 AD2d 1011 .) In the instant case, substantial evidence exists in the record to support the board’s determination that appellants failed to meet this burden.
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.
Order affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5532380. Public record. Not legal advice.