[Download] "Matter Claim John Laskey v. Burns Bros. Et Al." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Claim John Laskey v. Burns Bros. Et Al.
- Author : Supreme Court of New York
- Release Date : January 20, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board making a schedule award to the claimant. The appellants, among other things, contend that there is no evidence in the record linking the 20% schedule loss of use of the arm with the alleged accidents. Claimant sustained injuries in two accidents. In June of 1965 he injured his right hand and shoulder, there being no lost time, and in July he again injured his right shoulder. In June, 1966, a board examining physician found 20% loss of use of the right arm caused by mild restriction of extension at the proximal interphalangeal joints of the fingers of the right hand, and a mild restriction of flexion at the right elbow. The report of the physician, the basis for the award, did not state whether or not the loss of use he found was related to the accidents and there is no other causally related medical evidence. The claim for the first accident made reference to a hand injury, but there is no medical opinion that the condition found by the doctor was associated with the accident and the record is completely barren of any testimony as to an injury to the right elbow in either of the accidents. Under the circumstances there is no substantial evidence to support an award of a schedule loss. Disposition Decision reversed, with costs to appellants against the Workmen's Compensation Board, and matter remitted for further proceedings.