285 A.D. 912 | N.Y. App. Div. | 1955
Appeal from a decision and award of the Workmen’s Compensation Board. Claimant is a gardener. On June 19, 1946, he fell in the course of employment suffering a strained back and contusions. These injuries activated a pre-existing osteoarthritis of the hip. He underwent medical care but lost no time from work. He left that employment in September, 1946, and was hired by the present employer-appellant. On November 3, 1947, he fell in the course of this employment and suffered a further activation of the pre-existing osteoarthritis, an adductor involvement of the left thigh and other injuries. The appellants argue that the Special Disability Fund ought not to have been discharged by the board and that the fund would be liable under subdivision 8 of section 15 of the Work