New York Court of Appeals, 1967

Claim of Lux v. Chevrolet Buffalo Division

New York Court of Appeals · Decided February 23, 1967

19 N.Y.2d 692; 225 N.E.2d 568; 278 N.Y.S.2d 881; 1967 N.Y. LEXIS 1708

Cases that cite this one

1 later published case cites this decision.

Claim of Colletti v. New York Telephone Co. (Appellate Division of the Supreme Court of New York 1975)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order affirmed, with costs. The record contains substantial evidence in support of the board’s finding that claimant’s wage loss was causally related to his permanent partial disability. Moreover, since the claimant had no earnings for the layoff periods involved, the board was justified in measuring his wage-earning capacity as provided for in subdivision 5-a of section 15 of the Workmen’s Compensation Law and in making an award of compensation on the basis of a 25% partial disability.

Concur: Chief Judge Ftjld and Judges Bubke, Bergan, Keating and Breitel. Judges Van Voorhis and Scheppi dissent and vote to reverse for the reasons stated in the dissenting opinion at the Appellate Division.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.