Legal Opinion

Claim of Bednar v. Ingersoll Rand Co.

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

Decided January 14, 1937Published

1Opinion of the Court

Appeal from an award of the State Industrial Board. The claimant was injured by the bursting of a compressed air hose, resulting in a twenty-five per cent permanent loss of hearing of one ear. The Board made its award for the partial loss of hearing, under paragraphs m and s of subdivision 3 of section 15 of the Workmen’s Compensation Law, on the theory that a partial loss of hearing was a partial loss of a “ member,” and award could be made proportionately. This was error. A loss of hearing is not the loss of a “ member,” and a proportionate award may not be made for a permanent partial loss…

2Cases cited1 opinion

  1. Claim of Rowe v. Patrick McGovern, Inc.Appellate Division of the Supreme Court of the State of New York · 1932

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