(Download) "Matter Claim Wesley N. Lovell v. Berman's Motor Express Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Claim Wesley N. Lovell v. Berman's Motor Express Et Al.
- Author : Supreme Court of New York
- Release Date : January 28, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Concededly claimant, a truck driver, has a causally related partial disability of his back. The appellants urge, however,
that his reduced earnings are due to his religious beliefs and not his inability to continue as a truck driver. As this court
stated in Matter of Haar v. Strauss-Duparquet (29 A.D.2d 726, mot. for lv. to app. den. 21 N.Y.2d 646) "It is well settled
that if reduced earnings are caused solely by economic conditions, age or any factor other than his disability, he is not
entitled to an award of compensation, but if the disability causes or contributes to the reduced earnings then an award may
be made." (See, also, Matter of Rigatti v. Lollo & Sons, 31 A.D.2d 871, 872.) There is substantial evidence in the instant
record upon which the board could find that the partial disability was at least a contributing factor in claimant's change
of employment and resulting reduction in wages. Such evidence need not be medical evidence. Causal relationship between the
injury and the disability must be established by medical evidence (Matter of Harris v. Hart & Crouse Corp., 27 A.D.2d
613) but the issue here is the relationship between the disability and the reduction of earning capacity and that the board
can determine from all the evidence (Workmen's Compensation Law, § 20). Disposition Decision affirmed, with costs to the Workmen's Compensation Board.