Comp Carrier Failed to Prove Entitlement to Reimbursement From Special Disability Fund

A New York appellate court ruled that an insurance carrier was not entitled to reimbursement of the benefits it had paid to a worker following an injury to her knee, since it failed to prove the disability had increased because of a pre-existing medical condition. Case: Matter of Ricci v. Maria Regina Residence, No. 526199, 12/27/2018. Facts and procedural history: Cyndia Ricci injured her knee in 2004 while working for the Maria Regina Residence and began collecting benefits from MRR’s insurance carrier. The carrier filed a request for reimbursement from the Special Disability Fund, ...