Opinion
October 18, 1973
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 1/2% schedule loss of the left foot. Claimant injured both feet when he tripped while at work. The Board of Consultants found "a mild effect in dorsi flexion" of the right foot equal to a 10% loss of use and "a mild defect in planter flexion" of the left foot equal to a 7 1/2% 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. Gallucci 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.