Summary
In Matter of Yuras v. Union Table Spring Co. (279 App. Div. 679) upon which the board relies, there was a finding that claimant was "partially disabled" on a specific date and that there was at least a minimal resulting loss of time from work.
Summary of this case from Claim of Muniak v. ACF Industries, Inc.Opinion
November 14, 1951.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
There is some proof in the record that claimant's herniae were caused by his work, and that he became partially disabled as a result thereof on January 16, 1945. Appellants argue that because he lost no time, except part of a day, and no wages, that he did not become disabled within the meaning of section 37 Work. Comp. of the Workmen's Compensation Law. If the application of this section is taken exclusively and construed literally appellants' argument is valid. The trend of authority however is the other way and towards a broad and liberal construction of the section in conjunction with the entire statute ( Matter of Comr. of Taxation Finance v. Nu-Art Adv. Co., 271 N.Y. 112; Matter of Rosati v. Despatch Shops, 273 App. Div. 934, affd. 298 N.Y. 813). Award unanimously affirmed, with costs to the Workmen's Compensation Board.