Claim of Dygert v. General Electric Co.

Appellate Division of the Supreme Court of New York

Claim of Dygert v. General Electric Co.

54 A.D.2d 1006, 387 N.Y.S.2d 925, 1976 N.Y. App. Div. LEXIS 14968

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

DecidedNovember 4, 1976

StatusPublished

Cited by1 cases

This text of 54 A.D.2d 1006 (Claim of Dygert v. General Electric 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 Dygert v. General Electric Co., 54 A.D.2d 1006, 387 N.Y.S.2d 925, 1976 N.Y. App. Div. LEXIS 14968 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a decision of the Workmen’s Compensa[1007]*1007tion Board, filed June 27, 1975. Claimant sustained a compensable injury on March 6, 1967 resulting in a permanent partial disability. She retired from her employment on May 1, 1969 under the employer’s existing contractual arrangements for a normal retirement. The board has made an award of reduced earnings and directed payment during the continuance of her disability. On this appeal the employer and its carrier contend that claimant voluntarily removed herself from the labor market and that there is no credible evidence in the record to support a claim that she retired because of any physical disability. Evidence supporting the board’s decision is supplied for the most part by claimant’s testimony, buttressed somewhat by medical evidence. On the record in its entirety we find there is substantial evidence to support the determination of the board (Matter of Scherbner v Masmil Corp., 34 AD2d 1072; Matter of Gabriel v Gabriel Constr. Corp., 32 AD2d 600). Decision affirmed, with costs to the Workmen’s Compensation Board. Koreman, P. J., Sweeney, Kane, Main and Herlihy, JJ., concur.

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Appeal from a decision of the Workmen’s Compensa[1007]*1007tion Board, filed June 27, 1975. Claimant sustained a compensable injury on March 6, 1967 resulting in a permanent partial disability. She retired from her employment on May 1, 1969 under the employer’s existing contractual arrangements for a normal retirement. The board has made an award of reduced earnings and directed payment during the continuance of her disability. On this appeal the employer and its carrier contend that claimant voluntarily removed herself from the labor market and that there is no credible evidence in the record to support a claim that she retired because of any physical disability. Evidence supporting the board’s decision is supplied for the most part by claimant’s testimony, buttressed somewhat by medical evidence. On the record in its entirety we find there is substantial evidence to support the determination of the board (Matter of Scherbner v Masmil Corp., 34 AD2d 1072; Matter of Gabriel v Gabriel Constr. Corp., 32 AD2d 600). Decision affirmed, with costs to the Workmen’s Compensation Board. Koreman, P. J., Sweeney, Kane, Main and Herlihy, JJ., concur.

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Bluebook (online)

54 A.D.2d 1006, 387 N.Y.S.2d 925, 1976 N.Y. App. Div. LEXIS 14968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-dygert-v-general-electric-co-nyappdiv-1976.

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