Logozzo v. Queens Structure Corp.

Appellate Division of the Supreme Court of New York

Logozzo v. Queens Structure Corp.

40 A.D.2d 741, 336 N.Y.S.2d 735, 1972 N.Y. App. Div. LEXIS 3622

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

DecidedOctober 26, 1972

StatusPublished

This text of 40 A.D.2d 741 (Logozzo v. Queens Structure 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

Logozzo v. Queens Structure Corp., 40 A.D.2d 741, 336 N.Y.S.2d 735, 1972 N.Y. App. Div. LEXIS 3622 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal by the employer and its insurance carrier from a decision of the Workmen’s Compensation Board, filed November 12, 1971. Claimant sustained an accidental injury on April 24, 1969 when he fell 40 feet from a ladder. ' As a result of the fall, claimant suffered a compression fracture of the second lumbar vertebral body with interference with bladder and rectal function resulting in incontinence. The board found that “claimant had a marked partial disability by reason of his back condition plus an incontinent condition ” resulting in claimant’s total disability. Pour of the five medical experts testifying concluded that either claimant was totally disabled or partially disabled but unemployable due to his incontinence. Appellant contends that since the board found claimant was only partially disabled medically, it was precluded from making an award of total disability. Based on the record here, there is substantial evidence of a total loss of earning capacity even though claimant’s medical disability was only partial. Since several medical experts testified that claimant was unemployable, such medical testimony is sufficient to support an award for total disability. (Matter of O’Laughlin v. Federal Reserve Bd. of N. Y., 275 App. Div. 876, mot. for lv. to app. den. 299 N. Y. 799.) Decision affirmed, with costs to the Workmen’s Compensation Board. Staley, Jr., J. P. Greenblott, Cooke, Kane and Reynolds, JJ., concur.

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Appeal by the employer and its insurance carrier from a decision of the Workmen’s Compensation Board, filed November 12, 1971. Claimant sustained an accidental injury on April 24, 1969 when he fell 40 feet from a ladder. ' As a result of the fall, claimant suffered a compression fracture of the second lumbar vertebral body with interference with bladder and rectal function resulting in incontinence. The board found that “claimant had a marked partial disability by reason of his back condition plus an incontinent condition ” resulting in claimant’s total disability. Pour of the five medical experts testifying concluded that either claimant was totally disabled or partially disabled but unemployable due to his incontinence. Appellant contends that since the board found claimant was only partially disabled medically, it was precluded from making an award of total disability. Based on the record here, there is substantial evidence of a total loss of earning capacity even though claimant’s medical disability was only partial. Since several medical experts testified that claimant was unemployable, such medical testimony is sufficient to support an award for total disability. (Matter of O’Laughlin v. Federal Reserve Bd. of N. Y., 275 App. Div. 876, mot. for lv. to app. den. 299 N. Y. 799.) Decision affirmed, with costs to the Workmen’s Compensation Board. Staley, Jr., J. P. Greenblott, Cooke, Kane and Reynolds, JJ., concur.

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Bluebook (online)

40 A.D.2d 741, 336 N.Y.S.2d 735, 1972 N.Y. App. Div. LEXIS 3622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/logozzo-v-queens-structure-corp-nyappdiv-1972.