Legal Opinion
Claim of Ellert v. Ellert Brothers & Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 23, 1980PublishedCited by 3 opinions
1Opinion of the Court
Appeal from a decision of the Workers’ Compensation Board, filed May 4, 1979. Claimant incurred a serious injury to his right knee on November 2, 1972 when he fell into a well pit while working for the employer. On February 21, 1975, he was found to have a permanent partial disability with a 75% loss of earning capacity; 40% of the permanent partial disability was found to be related to the accident on November 2, 1972, and 60% was found to be causally related to a pre-existing condition described as grossly advanced arthritis. Claimant’s average weekly wage prior to the accident was $250.…
2Cases cited3 opinions
- Claim of Burch v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1969
- Claim of Engle v. Niagara Mohawk Power Corp.New York Court of Appeals · 1959
- Claim of Murillo v. Ogden Corp.Appellate Division of the Supreme Court of the State of New York · 1976
3Cited by3 opinions
- Claim of Miller v. Congel-Palenscar, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Claim of Rooney v. Barker's Department StoreAppellate Division of the Supreme Court of the State of New York · 1983
- Claim of Tedesco v. Stewart & Bennett, Inc.Appellate Division of the Supreme Court of the State of New York · 1982