5 A.D.2d 730 | N.Y. App. Div. | 1957
Appeal by an employer and its insurance carrier from an award of compensation, which also discharged the Special Fund from liability under subdivision 8 of section 15 of the Workmen’s Compensation Law and found claimant permanently totally disabled. Claimant was employed as a building superintendent by the New York Hospital. He had two pre-existing physical ailments or physical conditions of which the employer was aware, a fractured right arm with stiffening and atrophy, and epilepsy. Subsequently it was discovered that he had a cardiac condition but there is no evidence in the record that the employer had knowledge of this condition prior to the happening of the accident. On March 15, 1953 claimant was bitten by a rat on his right