Claim of Rosa v. Britt Fast Freight, Inc.
A truck driver's husband suffered a fatal heart attack during employment. His employer and its workers' compensation carrier sought reimbursement from the Special Disability Fund, arguing that a preexisting heart condition contributed to his death. The Workers' Compensation Board discharged the Fund, finding no evidence that the preexisting condition hindered the decedent's employment potential. The employer and carrier appealed this decision. The Appellate Division affirmed the Board's decision, holding that Workers' Compensation Law § 15 (8) requires more than just the preexisting impairment contributing to death; it must also be shown that the impairment hindered job potential.