MATTER OF GREENBERG v. PHIPPS HAT WORKS, INC

AULISI, J.

Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board finding that the Special Funds is not liable on this claim under subdivision 8 of section 15 Work. Comp. of the Workmen's Compensation Law. The board was warranted in finding, as it did, that, "The medical evidence introduced indicates that it has not been established that the death would not have occurred except for the prior permanent physical impairment". We need not discuss the other apparent deficiencies in proving the factors necessary to establish Special Fund's liability. Decision affirmed, with costs to respondent Special Fund. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Aulisi, J.