Claim of Picone v. Tallman Construction Corp.

Appellate Division of the Supreme Court of New York

Claim of Picone v. Tallman Construction Corp.

75 A.D.2d 962, 428 N.Y.S.2d 351, 1980 N.Y. App. Div. LEXIS 11607

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

DecidedMay 22, 1980

StatusPublished

Cited by2 cases

This text of 75 A.D.2d 962 (Claim of Picone v. Tallman Construction Corp.) 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 Picone v. Tallman Construction Corp., 75 A.D.2d 962, 428 N.Y.S.2d 351, 1980 N.Y. App. Div. LEXIS 11607 (N.Y. Ct. App. 1980).

Pincite

Opinion

Appeal from a decision of the Workers’ Compensation Board, filed May 3, 1979. On August 20, 1975, claimant sustained a subendocardial infarction. His average weekly wage was $350. The board affirmed an award of compensation at the rate of $125 per week from August 21, 1975 to February 25, 1976 for causally related total disability, and at the rate of $58.33 reduced earnings thereafter. The latter rate was based on a finding that claimant had a 25% causally related disability after February 25, 1976. This appeal ensued. We reject appellants’ contention that the referee found that only 25% of claimant’s total disability was attributable to his compensable infarction. We also reject claimant’s reliance on Matter of [963]*963Pappas v Memorial Sloan Kettering Inst. (37 AD2d 887). The board, in our opinion, properly established a rate of $58.33 (Matter of Pezzella v Syra Inds., 36 AD2d 885; Workers’ Compensation Law, § 15, subd 5). Decision affirmed, with costs to the Workers’ Compensation Board against the employer and its insurance carrier. Sweeney, J. P., Staley, Jr., Main, Mikoll and Casey, JJ., concur.

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Appeal from a decision of the Workers’ Compensation Board, filed May 3, 1979. On August 20, 1975, claimant sustained a subendocardial infarction. His average weekly wage was $350. The board affirmed an award of compensation at the rate of $125 per week from August 21, 1975 to February 25, 1976 for causally related total disability, and at the rate of $58.33 reduced earnings thereafter. The latter rate was based on a finding that claimant had a 25% causally related disability after February 25, 1976. This appeal ensued. We reject appellants’ contention that the referee found that only 25% of claimant’s total disability was attributable to his compensable infarction. We also reject claimant’s reliance on Matter of [963]*963Pappas v Memorial Sloan Kettering Inst. (37 AD2d 887). The board, in our opinion, properly established a rate of $58.33 (Matter of Pezzella v Syra Inds., 36 AD2d 885; Workers’ Compensation Law, § 15, subd 5). Decision affirmed, with costs to the Workers’ Compensation Board against the employer and its insurance carrier. Sweeney, J. P., Staley, Jr., Main, Mikoll and Casey, JJ., concur.

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Bluebook (online)

75 A.D.2d 962, 428 N.Y.S.2d 351, 1980 N.Y. App. Div. LEXIS 11607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-picone-v-tallman-construction-corp-nyappdiv-1980.

Opinion

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