Claim of Weisberg v. A & A Gasoline Corp.

Appellate Division of the Supreme Court of New York

Claim of Weisberg v. A & A Gasoline Corp.

42 A.D.2d 1013, 348 N.Y.S.2d 199, 1973 N.Y. App. Div. LEXIS 3409

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

DecidedOctober 18, 1973

StatusPublished

This text of 42 A.D.2d 1013 (Claim of Weisberg v. A & A Gasoline 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 Weisberg v. A & A Gasoline Corp., 42 A.D.2d 1013, 348 N.Y.S.2d 199, 1973 N.Y. App. Div. LEXIS 3409 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed December 15, 1972, which affirmed a decision of the Referee awarding compensation for a 10% schedule loss of the right foot and a 7%% schedule loss of the left foot. Claimant injured both feet when he tripped while at work. The Board of Consultants found “ a mild pffeet in dorsi flexion ” of the right foot equal to a 10% loss of use and “ a mild defect in plantar flexion” of the left foot equal to a 7%% loss of use, both permanent. The limitations in motion resulting from these -defects warrant a finding of partial loss of use. Moreover, the impartial specialist found a “ minimal partial disability of both feet * * * causally related to the patient’s occupation.” The acceptance by the board -of expert opinion as to the schedule losses was a proper exercise of its fact-finding power (Matter of Palermo v. Gallucd & Sons, 5 N Y 2d 529). Decision affirmed, with costs to the Workmen’s Compensation Board. Greenblott, J. P., Sweeney, Kane, Main and Reynolds, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed December 15, 1972, which affirmed a decision of the Referee awarding compensation for a 10% schedule loss of the right foot and a 7%% schedule loss of the left foot. Claimant injured both feet when he tripped while at work. The Board of Consultants found “ a mild pffeet in dorsi flexion ” of the right foot equal to a 10% loss of use and “ a mild defect in plantar flexion” of the left foot equal to a 7%% loss of use, both permanent. The limitations in motion resulting from these -defects warrant a finding of partial loss of use. Moreover, the impartial specialist found a “ minimal partial disability of both feet * * * causally related to the patient’s occupation.” The acceptance by the board -of expert opinion as to the schedule losses was a proper exercise of its fact-finding power (Matter of Palermo v. Gallucd & Sons, 5 N Y 2d 529). Decision affirmed, with costs to the Workmen’s Compensation Board. Greenblott, J. P., Sweeney, Kane, Main and Reynolds, JJ., concur.

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Bluebook (online)

42 A.D.2d 1013, 348 N.Y.S.2d 199, 1973 N.Y. App. Div. LEXIS 3409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-weisberg-v-a-a-gasoline-corp-nyappdiv-1973.