Claim of Terwilliger v. Green Fuel Economizer, Inc.

Appeal from a decision of the Workers’ Compensation Board, filed July 30,1982. Claimant contends that the board erred in apportioning his award between the industrial accident and the pre-existing condition and, further, that the board erred in finding his disability to be moderate. As to whether claimant’s entire disability is compensable, the crucial factor is whether claimant’s industrial accident acted on the pre-existing condition in such a manner as to cause disability which did not previously exist (Matter of Kuczkowski v Bethlehem Steel Corp., 90 AD2d 612, 613, affd 58 NY2d 946).…