Claim of Weissman v. Bowe

Appellate Division of the Supreme Court of New York

Claim of Weissman v. Bowe

62 A.D.2d 1106, 404 N.Y.S.2d 413, 1978 N.Y. App. Div. LEXIS 11204

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

DecidedApril 20, 1978

StatusPublished

This text of 62 A.D.2d 1106 (Claim of Weissman v. Bowe) 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 Weissman v. Bowe, 62 A.D.2d 1106, 404 N.Y.S.2d 413, 1978 N.Y. App. Div. LEXIS 11204 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed January 20, 1977. The claimant sustained an injury to his right eye and it is undisputed that the injury was compensable and resulted in a 100% loss of use of the eye without corrective devices. A schedule award for 100% loss of vision of the eye and for facial disfigurement was made by a referee. The appellants contend that the award was "premature” because they would submit further medical evidence and/or further testimony by the claimant as to whether or not he could wear a contact lens. Substantial evidence supports the finding of the board that the "claimant cannot wear contact lens” and the board’s implicit rejection of the carrier’s suggestion that there be further proceedings is not arbitrary and capricious. Decision affirmed, with costs to the Workmen’s Compensation Board. Greenblott, J. P., Main, Larkin, Mikoll and Herlihy, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed January 20, 1977. The claimant sustained an injury to his right eye and it is undisputed that the injury was compensable and resulted in a 100% loss of use of the eye without corrective devices. A schedule award for 100% loss of vision of the eye and for facial disfigurement was made by a referee. The appellants contend that the award was "premature” because they would submit further medical evidence and/or further testimony by the claimant as to whether or not he could wear a contact lens. Substantial evidence supports the finding of the board that the "claimant cannot wear contact lens” and the board’s implicit rejection of the carrier’s suggestion that there be further proceedings is not arbitrary and capricious. Decision affirmed, with costs to the Workmen’s Compensation Board. Greenblott, J. P., Main, Larkin, Mikoll and Herlihy, JJ., concur.

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Bluebook (online)

62 A.D.2d 1106, 404 N.Y.S.2d 413, 1978 N.Y. App. Div. LEXIS 11204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-weissman-v-bowe-nyappdiv-1978.