Claim of Brennan v. Mack International Motor Truck Corp.

Appellate Division of the Supreme Court of New York

Claim of Brennan v. Mack International Motor Truck Corp.

238 A.D. 877

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1933·Published

Opinion

Per Curiam.

An earlier award for fifteen per cent loss of use of left leg, under paragraph b of subdivision 3 of section 15 of the Workmen’s Compensation Law has been rescinded and a new award made of thirty per cent reduced earning capacity under paragraph v of subdivision 3 of section 15.† The findings are to the effect that claimant’s disability is not confined to the left leg, but that it it coupled with additional disability due to pain from arthritis. Award affirmed, with costs to the State Industrial Board. Hill, P. J., Rhodes, McNamee and Bliss, JJ., concur; Crapser, J., dissents and votes to reverse the award and to dismiss the claim on the authority of Pinski v. Superior Fireproof D. & S. Co. (209 App. Div. 305); Matter of Nycz v. Buffalo Body Corp. (221 id. 620).

Footnotes

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Per Curiam.

An earlier award for fifteen per cent loss of use of left leg, under paragraph b of subdivision 3 of section 15 of the Workmen’s Compensation Law has been rescinded and a new award made of thirty per cent reduced earning capacity under paragraph v of subdivision 3 of section 15.† The findings are to the effect that claimant’s disability is not confined to the left leg, but that it it coupled with additional disability due to pain from arthritis. Award affirmed, with costs to the State Industrial Board. Hill, P. J., Rhodes, McNamee and Bliss, JJ., concur; Crapser, J., dissents and votes to reverse the award and to dismiss the claim on the authority of Pinski v. Superior Fireproof D. & S. Co. (209 App. Div. 305); Matter of Nycz v. Buffalo Body Corp. (221 id. 620).

Footnotes

Claim of Brennan v. Mack International Motor Truck Corp., 238 A.D. 877 (N.Y. Ct. App. 1933).

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Opinion

Footnotes

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