Claim of Orzo v. Edo Aircraft

OPINION OF THE COURT

Herlihy, J.

The claimant sustained a compensable injury on December 16, 1946 and that injury has been held to be the responsibility *358of the Special Fund. The board has apportioned the disability subsequent to a May, 1972 compensable accident as 75% causally related to the 1946 accident. The average weekly wage for the disability subsequent to the 1972 accident was set at the 1972 rate of $102.50, as sanctioned in prior judicial determinations. (See, e.g., Matter of Carle v New York Business Bldg. Corp., 11 AD2d 570.) Based on the percentage of responsibility, the award…