Legal Opinion

Claim of Nannery v. GAF Corp.

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 1980PublishedCited by 1 opinion

1Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed March 9, 1979. Claimant was classified as having a permanent partial disability following a compensable injury to his back in 1968. In 1970, he invested about $15,000 in a bar and restaurant and became the sole owner of the enterprise. At issue on this appeal is the propriety of the board’s award of continued reduced earnings after June 14, 1976 based on its finding that claimant’s "income from the business is profits and not wages.” In our opinion, its determination is not founded on substantial evidence. Claimant’s established…

2Cases cited1 opinion

  1. Cozzi v. Christensen & Nielson, Inc.Appellate Division of the Supreme Court of the State of New York · 1975

3Cited by1 opinion

  1. Hines v. Divers World Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1990

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