15(8)SECOND INJURY FUND

C-250

Filed Timely
o 52 weeks from filing with the chair
o 104 weeks from date of disability
o After true closure, but before permanency
Somers v. Demco OK if true closure after 104 week limitation, so long
as permanency not envisioned

Sufficiently Completed
o Vinovrski v. Innovative Chemical Corp strict compliance to requirements of
the form; not listing WC Case # renders defective
o Adams v. Owens Corning Fiberglass C-250 used general language, but
medical report not sufficient in documenting prior conditions; cannot just attach
medical or state other pathologies

Elements

(1) Employer must show that claimant had Preexisting Permanent Impairment (PPI) that
is or is likely to be a hindrance to job potential;
o Lodge v. Just One Break, Inc. alcoholism found that it did not constitute
PPI as it was in a permanent state of arrest (based on facts)
o Shirley v. Triangle Maintenance Corp Obesity which does not result from a
permanent glandular condition, where the physicians agree that the claimant could
lose weight, not sufficient
o Russo v. M & M Transportation, 127 A.D.2d 931 (3d. Dept. 1987).
Where the carrier failed to produce medical proof of a claimants prior
physical impairments, after it had been directed to produce such evidence
by a WCLJ, it was not an abuse of discretion for the Board to deny the
carriers request for reimbursement under 15(8)(d).
o Hindrance
Sturtevant v. Broome County
Grabinsky v. First at Nursing hindrance is a prerequisite to
reimbursement

(2) Subsequent injury arising out of and in the course of employment; and

(3) Permanent disability caused by both conditions materially and substantially greater
than what it would have been caused by the work-related injury alone.
o Anderson v. New York Hospital PTD due to record injury alone, then no
15(8)
o Collucci v. Anco, Inc. TID due to record injury alone, then no 15(8)
o Garcia v. Brassiere Restaurant subsequent conditions make PTD, no 15(8)

Harisiades v. Sutter French Confections subsequent condition must have

separatability