Claim of Cerone v. Workmen's Compensation Board

Appellate Division of the Supreme Court of New York

Claim of Cerone v. Workmen's Compensation Board

18 A.D.2d 1119, 239 N.Y.S.2d 90, 1963 N.Y. App. Div. LEXIS 4023

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

DecidedApril 4, 1963

StatusPublished

This text of 18 A.D.2d 1119 (Claim of Cerone v. Workmen's Compensation Board) 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 Cerone v. Workmen's Compensation Board, 18 A.D.2d 1119, 239 N.Y.S.2d 90, 1963 N.Y. App. Div. LEXIS 4023 (N.Y. Ct. App. 1963).

Pincite

Opinion

Appeal by the employer and carrier from an award of $36 per week for reduced earnings. Claimant was a Referee for the Workmen’s Compensation Board. He suffered a compensable injury to his back on April 15, 1955. He spent about two weeks in a hospital and returned to work on May 23, 1955. Thereafter he worked continuously, without any loss of earnings, until February 12, 1958, when he retired because fie had reached the mandatory age of 70. Claimant then received a pension under the State Retirement Law and social security benefits. He also engaged in the private practice of law. Nevertheless, the board has made an award, following claimant’s retirement, of $36 per week for reduced earnings. Appellants contend that claimant’s retirement was not due to any disability but was because he had reached the mandatory retirement age, and that there is no substantial proof of the effect of any disability upon his post-retirement earnings as a lawyer. We agree with appellants’ contentions. The case [1120]*1120is controlled by Matter of Singer v. New York State Workmen’s Compensation Bd. (11 A D 2d 886) and Matter of Roberts v. General Elec. Co. (6 A D 2d 43). Award reversed, with costs to appellants, and the matter remitted to the Workmen’s Compensation Board. Borgan, P. J., Coon, Gibson, Herliliy.and Taylor, JJ., concur.

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Appeal by the employer and carrier from an award of $36 per week for reduced earnings. Claimant was a Referee for the Workmen’s Compensation Board. He suffered a compensable injury to his back on April 15, 1955. He spent about two weeks in a hospital and returned to work on May 23, 1955. Thereafter he worked continuously, without any loss of earnings, until February 12, 1958, when he retired because fie had reached the mandatory age of 70. Claimant then received a pension under the State Retirement Law and social security benefits. He also engaged in the private practice of law. Nevertheless, the board has made an award, following claimant’s retirement, of $36 per week for reduced earnings. Appellants contend that claimant’s retirement was not due to any disability but was because he had reached the mandatory retirement age, and that there is no substantial proof of the effect of any disability upon his post-retirement earnings as a lawyer. We agree with appellants’ contentions. The case [1120]*1120is controlled by Matter of Singer v. New York State Workmen’s Compensation Bd. (11 A D 2d 886) and Matter of Roberts v. General Elec. Co. (6 A D 2d 43). Award reversed, with costs to appellants, and the matter remitted to the Workmen’s Compensation Board. Borgan, P. J., Coon, Gibson, Herliliy.and Taylor, JJ., concur.

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Bluebook (online)

18 A.D.2d 1119, 239 N.Y.S.2d 90, 1963 N.Y. App. Div. LEXIS 4023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-cerone-v-workmens-compensation-board-nyappdiv-1963.