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Matter of Somers v Demco (2007 NY Slip Op 00166)

Decided January 11, 2007
Matter of Somers v Demco, 26 AD3d 621, affirmed.
APPEARANCES OF COUNSEL [*2]
Melissa A. Day, Albany, for appellant.
Thomas P. Etzel, Buffalo, for State Insurance Fund, respondent.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed with costs.
In order to promote the employment of disabled people, the Legislature created [*3]the Special Disability Fund. That Fund reimburses carriers and employers for part of their liability under the Workers' Compensation Law to a worker who becomes permanently disabled, if that worker was previously suffering from a "permanent physical impairment," and the preexisting impairment causes the permanent disability to be "materially and substantially greater" than it would have been otherwise (Workers' Compensation Law

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