Claim of Katz v. Carborundum Co.

Appellate Division of the Supreme Court of New York

Claim of Katz v. Carborundum Co.

264 A.D. 963, 37 N.Y.S.2d 174, 1942 N.Y. App. Div. LEXIS 5555

Appellate Division of the Supreme Court of the State of New York·Decided September 23, 1942·Published

Opinion

On September 9, 1937, the claimant was engaged in the regular course of his employment and strained the lumbar region of his back and as a result received serious injuries which caused him to be totally disabled from September 9, 1937 to March 29, 1938, and partially disabled thereafter. An award of total disability was paid for that period. Following the accident and throughout the period of the award now on appeal the claimant performed no work. For the period of the award on appeal he was assigned to wage earning capacity of fifty per cent although he had no actual earnings. The record contains evidence which shows that the claimant was disabled subsequent to March 29, 1938, as a result of the accident and that the fifty per cent earning capacity assigned was fair and reasonable. Award unanimously affirmed with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffernan, Sehenek and Foster, JJ.

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On September 9, 1937, the claimant was engaged in the regular course of his employment and strained the lumbar region of his back and as a result received serious injuries which caused him to be totally disabled from September 9, 1937 to March 29, 1938, and partially disabled thereafter. An award of total disability was paid for that period. Following the accident and throughout the period of the award now on appeal the claimant performed no work. For the period of the award on appeal he was assigned to wage earning capacity of fifty per cent although he had no actual earnings. The record contains evidence which shows that the claimant was disabled subsequent to March 29, 1938, as a result of the accident and that the fifty per cent earning capacity assigned was fair and reasonable. Award unanimously affirmed with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffernan, Sehenek and Foster, JJ.

Claim of Katz v. Carborundum Co., 264 A.D. 963, 37 N.Y.S.2d 174, 1942 N.Y. App. Div. LEXIS 5555 (N.Y. Ct. App. 1942).

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264 A.D. 963 (Claim of Katz v. Carborundum Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.