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Matter of Zypitz v. St. Francis Hospital

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 1930
231 App. Div. 768 (N.Y. App. Div. 1930)

Opinion

November, 1930.

Appeal from State Industrial Board.


Claimant's expectation of increased wages as a graduate nurse after attaining the age of twenty-one related to a time beyond the period of claimant's temporary total disability for which the Board has erroneously made an award at the maximum rate of twenty-five dollars a week, based upon such expected wage increase. A distinction is made between a case of temporary disability where there is no probable increase of a minor's wages under normal conditions during the period of such temporary disability on the one hand, and a permanent partial disability for which a schedule award is made which presupposes a loss of earning ability which will continue through life. ( Ide v. Faul Timmins, 179 App. Div. 567, 571; Szmuda v. Kent Bag Co., 214 id. 341; Distifano v. Ribis Bros., 209 id. 840.) Hinman, Acting P.J., Davis, Whitmyer, Hill and Hasbrouck, JJ., concur. Award as to permanent partial disability affirmed. Award as to temporary total disability reversed, and claim, in that respect, remitted, with costs against the State Industrial Board to abide the event.


Summaries of

Matter of Zypitz v. St. Francis Hospital

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 1930
231 App. Div. 768 (N.Y. App. Div. 1930)
Case details for

Matter of Zypitz v. St. Francis Hospital

Case Details

Full title:In the Matter of the Claim of SARAH ZYPITZ, Respondent, against ST…

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

Date published: Nov 1, 1930

Citations

231 App. Div. 768 (N.Y. App. Div. 1930)

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