Legal Opinion

Claim of Doberstein v. Marshall

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

Decided November 9, 1971Published

1Opinion of the Court

— Appeal from a decision of the Workmen’s Compensation Board, filed July 23, 1970. There is substantial evidence to support the board’s finding that claimant had a “ continuing causally related disability ”. However, the board erroneously computed the rate of compensation to which claimant was entitled. While the board does not explicitly indicate that the award was based on a continuing total or partial disability, we must assume from the award rendered and the fact that no testimony can be found establishing claimant’s earning capacity that the board considered claimant’s disability total.…

2Cases cited1 opinion

  1. Bello v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1923

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