the Claim of Slevin v. Pan American World Airways

Appellate Division of the Supreme Court of New York

the Claim of Slevin v. Pan American World Airways

55 A.D.2d 755, 389 N.Y.S.2d 453, 1976 N.Y. App. Div. LEXIS 15537

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

DecidedDecember 16, 1976

StatusPublished

Cited by1 cases

This text of 55 A.D.2d 755 (the Claim of Slevin v. Pan American World Airways) 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.

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the Claim of Slevin v. Pan American World Airways, 55 A.D.2d 755, 389 N.Y.S.2d 453, 1976 N.Y. App. Div. LEXIS 15537 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed April 3, 1975 as amended by decision filed April 8, 1976, which disallowed a claim for compensation under the Workmen’s Compensation Law. Claimant sustained a compensable injury on January 1, 1971 and was awarded compensation up to March 22, 1971. He claimed that a continuing disability existed and sought entitlement to an award for reduced earnings. The board, upon conflicting medical evidence, has found that there was no disability subsequent to March 22, 1971 attributable to the January 1, 1971 incident. Our review is limited to the question of whether substantial evidence supports this decision. We cannot weigh these conflicting versions, as factual determinations are exclusively for the board to resolve, but must sustain the result where, as here, it is supported by such evidence (Matter of Manikoff v Your Baking Co., 30 AD2d 740; Matter of Griffith v Griffith Fuel Co., 28 AD2d 751; Matter of Melnikoff v Melnik, 24 AD2d 783). Decision affirmed, without costs. Greenblott, J. P., Kane, Mahoney, Main and Larkin, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed April 3, 1975 as amended by decision filed April 8, 1976, which disallowed a claim for compensation under the Workmen’s Compensation Law. Claimant sustained a compensable injury on January 1, 1971 and was awarded compensation up to March 22, 1971. He claimed that a continuing disability existed and sought entitlement to an award for reduced earnings. The board, upon conflicting medical evidence, has found that there was no disability subsequent to March 22, 1971 attributable to the January 1, 1971 incident. Our review is limited to the question of whether substantial evidence supports this decision. We cannot weigh these conflicting versions, as factual determinations are exclusively for the board to resolve, but must sustain the result where, as here, it is supported by such evidence (Matter of Manikoff v Your Baking Co., 30 AD2d 740; Matter of Griffith v Griffith Fuel Co., 28 AD2d 751; Matter of Melnikoff v Melnik, 24 AD2d 783). Decision affirmed, without costs. Greenblott, J. P., Kane, Mahoney, Main and Larkin, JJ., concur.

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55 A.D.2d 755, 389 N.Y.S.2d 453, 1976 N.Y. App. Div. LEXIS 15537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-claim-of-slevin-v-pan-american-world-airways-nyappdiv-1976.

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