Claim of Freeland v. Endicott Forging & Mfg. Co.

Appellate Division of the Supreme Court of New York

Claim of Freeland v. Endicott Forging & Mfg. Co.

231 A.D. 772

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1930·Published

Opinion

Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that the award is for permanent partial disability under subdivision 3-u of section 15 of the Workmen’s Compensation Law, due to multiple injuries, and the Board has failed to rescind a schedule award previously paid and has failed to allow credit for earning capacity from the date of the accident as required by the authorities. (See Matter of Carolan v. Hoe & Co., 225 App. Div. 393; Pinski v. Superior Fireproof Door & Sash Co., 209 id. 305; Matter of Schaefer v. Buffalo Steel Car Co., 250 N. Y. 507.) Hinman, Acting P. J., Davis, Whitmyer, Hill and Hasbrouck, JJ., concur.

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Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that the award is for permanent partial disability under subdivision 3-u of section 15 of the Workmen’s Compensation Law, due to multiple injuries, and the Board has failed to rescind a schedule award previously paid and has failed to allow credit for earning capacity from the date of the accident as required by the authorities. (See Matter of Carolan v. Hoe & Co., 225 App. Div. 393; Pinski v. Superior Fireproof Door & Sash Co., 209 id. 305; Matter of Schaefer v. Buffalo Steel Car Co., 250 N. Y. 507.) Hinman, Acting P. J., Davis, Whitmyer, Hill and Hasbrouck, JJ., concur.

Claim of Freeland v. Endicott Forging & Mfg. Co., 231 A.D. 772 (N.Y. Ct. App. 1930).

Pincite

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Opinion

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