Claim of Slater v. Eastman Kodak Co.

Appellate Division of the Supreme Court of New York

Claim of Slater v. Eastman Kodak Co.

78 A.D.2d 756, 432 N.Y.S.2d 744, 1980 N.Y. App. Div. LEXIS 13303

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

DecidedOctober 30, 1980

StatusPublished

Cited by2 cases

This text of 78 A.D.2d 756 (Claim of Slater v. Eastman Kodak 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 Slater v. Eastman Kodak Co., 78 A.D.2d 756, 432 N.Y.S.2d 744, 1980 N.Y. App. Div. LEXIS 13303 (N.Y. Ct. App. 1980).

Pincite

Opinion

Appeal from a decision of the Workers’ Compensation Board, filed June 29, 1979, which affirmed an award of compensation at the rate of $78.43 reduced earnings established for the period December 18, 1973 to October 5, 1976, with such payment to continue thereafter, based upon a finding that claimant has a 50% earning capacity resulting from a permanent partial disability causally related to industrial injuries to his back. The board majority found that "based on the entire record, particularly the testimony of Dr. Keller and the C-71 dated December 9, 1975 by Dr. Della Porta, claimant has a causally related permanent partial disability and the award was proper.” There is substantial evidence to sustain the determination of the board. Conflicting medical evidence merely raises a factual issue, the resolution of which is solely for the board (Matter of Haar v Straus-Duparquet, Inc., 29 AD2d 726). Decision affirmed, with costs to the Workers’ Compensation Board against the employer. Mahoney, P. J., Greenblott, Main and Mikoll, JJ., concur; Staley, Jr., J., not taking part.

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Appeal from a decision of the Workers’ Compensation Board, filed June 29, 1979, which affirmed an award of compensation at the rate of $78.43 reduced earnings established for the period December 18, 1973 to October 5, 1976, with such payment to continue thereafter, based upon a finding that claimant has a 50% earning capacity resulting from a permanent partial disability causally related to industrial injuries to his back. The board majority found that "based on the entire record, particularly the testimony of Dr. Keller and the C-71 dated December 9, 1975 by Dr. Della Porta, claimant has a causally related permanent partial disability and the award was proper.” There is substantial evidence to sustain the determination of the board. Conflicting medical evidence merely raises a factual issue, the resolution of which is solely for the board (Matter of Haar v Straus-Duparquet, Inc., 29 AD2d 726). Decision affirmed, with costs to the Workers’ Compensation Board against the employer. Mahoney, P. J., Greenblott, Main and Mikoll, JJ., concur; Staley, Jr., J., not taking part.

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Bluebook (online)

78 A.D.2d 756, 432 N.Y.S.2d 744, 1980 N.Y. App. Div. LEXIS 13303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-slater-v-eastman-kodak-co-nyappdiv-1980.

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