Home/New York Court of Appeals/Claim of Lux v. Chevrolet Buffalo Division

Claim of Lux v. Chevrolet Buffalo Division

225 N.E.2d 568, 19 N.Y.2d 692, 278 N.Y.S.2d 881, 1967 N.Y. LEXIS 1708
CourtNew York Court of Appeals
DecidedFebruary 23, 1967
StatusPublished
Cited by1 cases

This text of 225 N.E.2d 568 (Claim of Lux v. Chevrolet Buffalo Division) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Claim of Lux v. Chevrolet Buffalo Division, 225 N.E.2d 568, 19 N.Y.2d 692, 278 N.Y.S.2d 881, 1967 N.Y. LEXIS 1708 (N.Y. 1967).

Opinion

Order affirmed, with costs. The record contains substantial evidence in support of the board’s finding that claimant’s wage loss was causally related to his permanent partial disability. Moreover, since the claimant had no earnings for the layoff periods involved, the board was justified in measuring his wage-earning capacity as provided for in subdivision 5-a of section 15 of the Workmen’s Compensation Law and in making an award of compensation on the basis of a 25% partial disability.

Concur: Chief Judge Ftjld and Judges Bubke, Bergan, Keating and Breitel. Judges Van Voorhis and Scheppi dissent and vote to reverse for the reasons stated in the dissenting opinion at the Appellate Division.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Claim of Colletti v. New York Telephone Co.
48 A.D.2d 991 (Appellate Division of the Supreme Court of New York, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
225 N.E.2d 568, 19 N.Y.2d 692, 278 N.Y.S.2d 881, 1967 N.Y. LEXIS 1708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-lux-v-chevrolet-buffalo-division-ny-1967.