Special Fund Must Reimburse Carrier for Claim

A carrier won reimbursement from the Special Disability Fund by proving that a claimant's preexisting diabetes combined with his work injury to create a substantially greater permanent disability, a New York appellate court concluded. Case: Dupuis v. Frito Lay, et al., No. 508697, 6/17/10. Published.Facts: Sandy Dupuis, a Frito Lay employee, suffered a work-related knee injury and subsequently received workers' compensation benefits. Frito Lay's carrier filed a reimbursement action against the Special Disability Fund, under Workers' Compensation Law 15(8), alleging that his dia...