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Matter of Olinsky v. Trade Bindery Corp.

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 1951
278 App. Div. 596 (N.Y. App. Div. 1951)

Opinion

January 10, 1951.

Appeal from Workmen's Compensation Board.

Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ. [See post, p. 727.]


The awards are based upon competent medical proof that decedent's partial loss of use of his left arm and leg and his facial disfigurement were caused by a permanent hemiplegic condition brought about by an accidental occurrence which arose out of and in the course of his employment. The admeasurement of the extent or degree of the loss of use of the arm and leg was established by competent medical evidence. Proof of loss of earnings is not a requisite to the scheduled awards under review. (Workmen's Compensation Law, § 15, subd. 3, pars. s, t, u; subd. 4, par. a; Matter of Bednar v. Ingersoll Rand Co., 279 N.Y. 80; Matter of Rowe v. Patrick McGovern, Inc., 254 App. Div. 432.) The decision under appeal, being legally correct, may stand despite the omissions in the formal "Findings". Decision and awards unanimously affirmed, with costs to the Workmen's Compensation Board.


Summaries of

Matter of Olinsky v. Trade Bindery Corp.

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 1951
278 App. Div. 596 (N.Y. App. Div. 1951)
Case details for

Matter of Olinsky v. Trade Bindery Corp.

Case Details

Full title:In the Matter of the Claim of BERDIE OLINSKY, Respondent, against TRADE…

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

Date published: Jan 10, 1951

Citations

278 App. Div. 596 (N.Y. App. Div. 1951)