Opinion
April 27, 1971
Appeal from a decision of the Workmen's Compensation Board filed February 17, 1970. On this shortened record both parties agree to the board's recital of the facts. On May 12, 1955 claimant was injured and a lump sum, nonschedule adjustment was made for a permanent partial disability. On June 6, 1968, while working, claimant sustained a cervical sprain. It has also been stipulated that claimant's average weekly wage was $200. The board found "that claimant had a causally related total disability from June 6, 1968 to January 9, 1969 and that subsequent thereto the claimant had 25% disability as a result of the accidental injury of June 6, 1968", and then awarded claimant $60 a week for the period of total disability and the sum of $33.33 reduced earnings for the 25% causally related partial disability. Appellants contend the board's decision is erroneous since the maximum allowable under the statute at that time is $60 per week and, therefore, claimant should receive only 25% of that maximum, or $15 per week. Appellant's theory is that the 1968 accident was responsible for only 25% of claimant's disability. With this contention we do not agree. The board, in our opinion, properly established the rate of $33.33 per week, pursuant to sections 14, 15, (subds. 5, 5-a) of the Workmen's Compensation Law. Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Sweeney, JJ., concur.