Summary
In Matter of Lovell v. Berman's Motor Express (35 A.D.2d 765) it was noted that the issue of relationship between the physical disability and the reduction of earning capacity is not dependent upon expert medical evidence, but rather is a factual issue to be determined by the board from all of the evidence.
Summary of this case from Matter of White v. Bethlehem Steel CorporationOpinion
October 28, 1970
Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board on the ground that there is no substantial evidence that claimant's reduced earning capacity resulted from his disability. Concededly claimant, a truck driver, has a causally related partial disability of his back. The appellants urge, however, that his reduced earnings are due to his religious beliefs and not his inability to continue as a truck driver. As this court stated in Matter of Haar v. Strauss-Duparquet ( 29 A.D.2d 726, mot. for lv. to app. den. 21 N.Y.2d 646) "It is well settled that if reduced earnings are caused solely by economic conditions, age or any factor other than his disability, he is not entitled to an award of compensation, but if the disability causes or contributes to the reduced earnings then an award may be made." (See, also, Matter of Rigatti v. Lollo Sons, 31 A.D.2d 871, 872.) There is substantial evidence in the instant record upon which the board could find that the partial disability was at least a contributing factor in claimant's change of employment and resulting reduction in wages. Such evidence need not be medical evidence. Causal relationship between the injury and the disability must be established by medical evidence ( Matter of Harris v. Hart Crouse Corp., 27 A.D.2d 613) but the issue here is the relationship between the disability and the reduction of earning capacity and that the board can determine from all the evidence (Workmen's Compensation Law, § 20). Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.