Claim of Moynihan v. William Turner Co.

Appellate Division of the Supreme Court of New York

Claim of Moynihan v. William Turner Co.

282 A.D. 974, 125 N.Y.S.2d 623, 1953 N.Y. App. Div. LEXIS 5603

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

DecidedNovember 12, 1953

StatusPublished

Cited by2 cases

This text of 282 A.D. 974 (Claim of Moynihan v. William Turner 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 Moynihan v. William Turner Co., 282 A.D. 974, 125 N.Y.S.2d 623, 1953 N.Y. App. Div. LEXIS 5603 (N.Y. Ct. App. 1953).

Pincite

Opinion

Appeal by employer and insurance carrier from an award of the Workmen’s Compensation Board which granted claimant compensation for reduced earnings on the basis of a 50% partial disability. Claimant was injured in an industrial accident on August 8, 1950, and was paid full compensation until February, 1951. On February 26, 1951, claimant started his own plumbing and heating business. There is testimony in the record that he performed only supervisory duties. Claimant had no actual earnings, and the board has properly determined upon the basis of medical proof that his earning capacity was 50%. Subdivision 5-a of section 15 of the Workmen’s Compensation Law authorizes such procedure. The record does not disclose that appellants were improperly foreclosed from offering any relevant proof. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Appeal by employer and insurance carrier from an award of the Workmen’s Compensation Board which granted claimant compensation for reduced earnings on the basis of a 50% partial disability. Claimant was injured in an industrial accident on August 8, 1950, and was paid full compensation until February, 1951. On February 26, 1951, claimant started his own plumbing and heating business. There is testimony in the record that he performed only supervisory duties. Claimant had no actual earnings, and the board has properly determined upon the basis of medical proof that his earning capacity was 50%. Subdivision 5-a of section 15 of the Workmen’s Compensation Law authorizes such procedure. The record does not disclose that appellants were improperly foreclosed from offering any relevant proof. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

282 A.D. 974, 125 N.Y.S.2d 623, 1953 N.Y. App. Div. LEXIS 5603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-moynihan-v-william-turner-co-nyappdiv-1953.

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