Claim of Manikoff v. Your Baking Co.

Appellate Division of the Supreme Court of New York

Claim of Manikoff v. Your Baking Co.

30 A.D.2d 740, 291 N.Y.S.2d 377, 1968 N.Y. App. Div. LEXIS 3591

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

DecidedJune 27, 1968

StatusPublished

Cited by2 cases

This text of 30 A.D.2d 740 (Claim of Manikoff v. Your Baking 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 Manikoff v. Your Baking Co., 30 A.D.2d 740, 291 N.Y.S.2d 377, 1968 N.Y. App. Div. LEXIS 3591 (N.Y. Ct. App. 1968).

Pincite

Opinion

Herlihy, J.

Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board which reaffirmed its prior decision that the claimant had not retired from the labor market and awarded benefits to the claimant. The appellants contend that the record does not contain medical evidence of disability covering the period of the award, but this issue was not raised before the board and, accordingly, may not be raised here. The appellants further contend that there is substantial evidence that the claimant has voluntarily retired from the labor market. It is not our function to weigh the evidence before the board and the finding of the board that the claimant retired because of his injuries is supported by the testimony of the claimant and the medical proof of disability. Decision affirmed, with costs to the Workmen’s Compensation Board. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.

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Herlihy, J.

Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board which reaffirmed its prior decision that the claimant had not retired from the labor market and awarded benefits to the claimant. The appellants contend that the record does not contain medical evidence of disability covering the period of the award, but this issue was not raised before the board and, accordingly, may not be raised here. The appellants further contend that there is substantial evidence that the claimant has voluntarily retired from the labor market. It is not our function to weigh the evidence before the board and the finding of the board that the claimant retired because of his injuries is supported by the testimony of the claimant and the medical proof of disability. Decision affirmed, with costs to the Workmen’s Compensation Board. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.

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Bluebook (online)

30 A.D.2d 740, 291 N.Y.S.2d 377, 1968 N.Y. App. Div. LEXIS 3591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-manikoff-v-your-baking-co-nyappdiv-1968.

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