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MATTER OF CALDERONE v. METAL CONTAINER CORPORATION

286 A.D.2d 848 (2001)

730 N.Y.S.2d 375

In the Matter of the Claim of DOMINICK CALDERONE, Respondent, v. METAL CONTAINER CORPORATION, Appellant, and SPECIAL DISABILITY FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided September 27, 2001.

Carpinello, J.

To obtain reimbursement pursuant to Workers' Compensation Law § 15 (8), an employer must satisfy three conditions, the first of which is a showing that the claimant had a preexisting permanent impairment that hindered job potential (see, Matter of Chadwick v Mallinkrodt Anesthesia Prods., 264 A.D.2d 953). In this case, prior to claimant's injury at work in August 1990, he had sustained a whiplash-type...

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