Legal Opinion

Somers v. Texaco, Inc.

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

Decided June 13, 1991PublishedCited by 1 opinion

1Opinion of the Court

—Appeals from two decisions of the Workers’ Compensation Board, filed July 18, 1989 and March 23, 1990, which, inter alia, ruled that claimant sustained a permanent partial disability.

*843Whether a claimant’s disability is schedulable is a question of fact within the exclusive province of the Workers’ Compensation Board to resolve and its determination of the issue must be upheld if supported by substantial evidence (Matter of Donahue v Thomas H. Bradley, Inc., 90 AD2d 611). The record in this case contains substantial evidence to sustain the finding that claimant had a permanent partial…

2Cases cited2 opinions

  1. Andrews v. T & G Floor & Wall CoveringAppellate Division of the Supreme Court of the State of New York · 1986
  2. Claim of Donahue v. Thomas H. Bradley, Inc.Appellate Division of the Supreme Court of the State of New York · 1982

3Cited by1 opinion

  1. Claim of Jweid v. Vicks Lithograph & PrintingAppellate Division of the Supreme Court of the State of New York · 2006

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