63 A.D.2d 774 | N.Y. App. Div. | 1978
Appeal from decisions of the Workers’ Compensation Board, filed August 8, 1975 and January 5, 1977, which, respectively, determined that claimant had a continuing partial disability causally related to an occupational disease after December 3,1972 and discharged the Special Disability Fund from any liability therefor. Claimant was working for the employer, Syracuse China Corporation, in March of 1967 when, according to a board decision filed June 22, 1973 from which no appeal was taken, he became disabled as a result of an occupational disease involving his back. The employer and its insurance carrier now appeal from later board decisions which awarded claimant benefits for a period subsequent to December 3, 1972, i.e., from April 21, 1973 to July 18, 1974, upon a finding that he had a continuing causally related disability and discharged the Special Disability Fund under subdivision 8 of section 15 of the Workers’ Compensation Law from any liability on this case. We hold that the decisions appealed from should be affirmed. In so ruling, we initially find that there is substantial evidence, most notably the testimony and medical report of Dr. William Peacher, a