McKinney v. Uniroyal, Inc.

We are asked to determine whether a 3-2 split decision of the Workmen’s Compensation Appeal Board, denying plaintiff benefits for an interim 31-month period (April 30, 1970, to December 2, 1972) on grounds that plaintiff refused to perform favored work, should be affirmed.

Plaintiff commenced work for defendant in. 1951 and, in May 1971, filed a petition claiming an occupational disablement as of July 1969, from severe lung congestion caused by working in atmospheric pollutants. Following hearings held before him in the summer and fall of 1972, Hearing Referee Robert Martin issued an opinion…