Horton v. McArdle & Casazza
Horton v. McArdle & Casazza
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Claimant, who sustained a disability as a result of two contributing causes, both of which are compensable, seeks workers’ compensation benefits. The first injury occurred on April 11, 1968 and, though payments were made for a time due to this injury, the case eventually was closed. The claimant was injured again in 1977 with this injury being compounded in effect by the consequences of the first injury. The board allowed the 1968 case to be reopened and determined that the 1968 accident was two thirds responsible for the final disability, while the 1977 injury was responsible for one third of. the disability. The respondent Special Fund for Reopened Cases (see Workers’ Compensation Law, § 25-a) was required to pay two thirds of the final disability rate.
The fund argues that such an award directly contravenes section 15 (subd 6, par [e]) of the Workers’ Compensation Law insofar as it exceeds the statutory maximum of $60 per week set for accidents occurring between July 1, 1965 and July 1,1968. The Appellate Division concluded, and we
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order affirmed, with costs, in a memorandum.
Reference
- Full Case Name
- In the Matter of Edward Horton v. McArdle & Casazza, Workers' Compensation Board
- Cited By
- 1 case
- Status
- Published