Claim of Geers v. Oswego Stevedoring & Trucking Co.

Appeal by employer and its insurance carrier from a decision and award by the Workmen’s Compensation Board of compensation at a rate based upon a finding of 50% disability. The sole issue arises upon appellants’ contention that the board fixed an arbitrary percentage of disability based on medical evidence only and without regard to claimant’s earning capacity. Another ground of appeal was withdrawn upon the argument. Claimant was part owner of a tavern from November, 1948 to April, 1953 and appellants claim that the decision and award do not give effect to claimant’s reasonable wage earning…