Legal Opinion

Claim of Rooney v. Barker's Department Store

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

Decided October 6, 1983Published

1Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed June 29, 1982. This case involves a determination by the board which found one third of claimant’s over-all partial disability involving injury to the lower back area attributable to each of two work-related accidents, which occurred on October 20,1975 and May 13,1976, and one third attributable to a nonrelated accident in October of 1976. The sole issue before this court is whether the board erred in apportioning claimant’s reduced earning rates for the period September 26, 1977 to July 6, 1979 based on the above-stated…

2Cases cited3 opinions

  1. Claim of Engle v. Niagara Mohawk Power Corp.New York Court of Appeals · 1959
  2. Claim of Burt v. W. M. Girvan, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
  3. Claim of Ellert v. Ellert Brothers & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1980

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