Opinion
February 16, 1971
Appeal from a decision of the Workmen's Compensation Board, filed November 25, 1969, which found that claimant's reduced earnings subsequent to his retirement on November 30, 1968 were related, in part, to a disability resulting from an industrial accident on March 9, 1968. Since the board's medical examiner filed a report that claimant had a moderate partial disability, the carrier's physician recommended that he avoid prolonged bending and heavy lifting and, in view of claimant's testimony that when he returned to work prior to retirement he could not earn an adequate salary since he was limited to light work, that he retired because he could not do the hard work and that he had registered at an unemployment insurance office but could not get work, the board's finding is supported by substantial evidence, despite a conflict of proof as to some phases ( Matter of Haar v. Strauss-Duparquet, 29 A.D.2d 726, mot. for lv. to app. den. 21 N.Y.2d 646). Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.