Claim of Nemard v. General Motors Assembly Division

Appellate Division of the Supreme Court of New York

Claim of Nemard v. General Motors Assembly Division

41 A.D.2d 871, 342 N.Y.S.2d 683, 1973 N.Y. App. Div. LEXIS 4694

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

DecidedApril 19, 1973

StatusPublished

This text of 41 A.D.2d 871 (Claim of Nemard v. General Motors Assembly Division) 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 Nemard v. General Motors Assembly Division, 41 A.D.2d 871, 342 N.Y.S.2d 683, 1973 N.Y. App. Div. LEXIS 4694 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal by the employer and its carrier from a decision of the Workmen’s Compensation Board, filed April 21, 1972, awarding claimant benefits under the Disability Benefits Law. There is no merit to appellants’ contention that the medical testimony of claimant’s attending physician should be disregarded because his conclusions were based on an unwarranted assumption. We find support in the record for such assumption from the testimony of claimant and that of the employer’s engineer. The board's finding of disability during the period involved is supported by substantial evidence. Decision affirmed, with costs to the Workmen’s Compensation Board. Staley, Jr., J. P., Greenblott, Cooke, Sweeney and Main, JJ., concur.

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Appeal by the employer and its carrier from a decision of the Workmen’s Compensation Board, filed April 21, 1972, awarding claimant benefits under the Disability Benefits Law. There is no merit to appellants’ contention that the medical testimony of claimant’s attending physician should be disregarded because his conclusions were based on an unwarranted assumption. We find support in the record for such assumption from the testimony of claimant and that of the employer’s engineer. The board's finding of disability during the period involved is supported by substantial evidence. Decision affirmed, with costs to the Workmen’s Compensation Board. Staley, Jr., J. P., Greenblott, Cooke, Sweeney and Main, JJ., concur.

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Bluebook (online)

41 A.D.2d 871, 342 N.Y.S.2d 683, 1973 N.Y. App. Div. LEXIS 4694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-nemard-v-general-motors-assembly-division-nyappdiv-1973.