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Matter of Slater v. Eastman Kodak Company

Appellate Division of the Supreme Court of New York, Third Department
Oct 30, 1980
78 A.D.2d 756 (N.Y. App. Div. 1980)

Opinion

October 30, 1980


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 A.D.2d 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.


Summaries of

Matter of Slater v. Eastman Kodak Company

Appellate Division of the Supreme Court of New York, Third Department
Oct 30, 1980
78 A.D.2d 756 (N.Y. App. Div. 1980)
Case details for

Matter of Slater v. Eastman Kodak Company

Case Details

Full title:In the Matter of the Claim of ALBERT L. SLATER, Respondent, v. EASTMAN…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 30, 1980

Citations

78 A.D.2d 756 (N.Y. App. Div. 1980)

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