Claim of Berzin v. E. J. Electric Installation Co.

Appellate Division of the Supreme Court of New York

Claim of Berzin v. E. J. Electric Installation Co.

262 A.D. 980, 30 N.Y.S.2d 3, 1941 N.Y. App. Div. LEXIS 6771

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 24, 1941

StatusPublished

This text of 262 A.D. 980 (Claim of Berzin v. E. J. Electric Installation Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Berzin v. E. J. Electric Installation Co., 262 A.D. 980, 30 N.Y.S.2d 3, 1941 N.Y. App. Div. LEXIS 6771 (N.Y. Ct. App. 1941).

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Opinion

The employer and its insurance carrier have appealed from the decision of the State Industrial Board and from an award of compensation for partial disability. The sole question involved relates to claimant’s earning capacity. Claimant sustained injuries on September 23, 1932, arising out of and in the course of his employment. Awards were made and paid for during the periods of total and partial disability prior to March 30, 1938. The awards for the subsequent period from March 30, 1938, to October 18, 1939, are involved. Compensation for that period was awarded at the rate of $15.84 per week, representing of forty per cent of the claimant’s earning capacity. The evidence sustains the finding of the Board on that issue and on the issue as to the extent of claimant’s injuries. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Bliss, Heflernan, Schenck and Foster, JJ.

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The employer and its insurance carrier have appealed from the decision of the State Industrial Board and from an award of compensation for partial disability. The sole question involved relates to claimant’s earning capacity. Claimant sustained injuries on September 23, 1932, arising out of and in the course of his employment. Awards were made and paid for during the periods of total and partial disability prior to March 30, 1938. The awards for the subsequent period from March 30, 1938, to October 18, 1939, are involved. Compensation for that period was awarded at the rate of $15.84 per week, representing of forty per cent of the claimant’s earning capacity. The evidence sustains the finding of the Board on that issue and on the issue as to the extent of claimant’s injuries. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Bliss, Heflernan, Schenck and Foster, JJ.

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Bluebook (online)

262 A.D. 980, 30 N.Y.S.2d 3, 1941 N.Y. App. Div. LEXIS 6771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-berzin-v-e-j-electric-installation-co-nyappdiv-1941.