Legal Opinion

Incitto v. Allegheny Ludlum Steel Corp.

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

Decided July 6, 1978Published

1Opinion of the Court

—Appeal from a decision of the Workers’ Compensation Board, filed December 30, 1976. Claimant sustained a compensable accident and the sole issue on this appeal is the propriety of an award of reduced earnings in light of claimant’s ultimate return to lower paying employment. The board has determined that there was medical testimony to support a finding that claimant’s change of jobs resulting in reduced earnings was necessitated by his prior compensable injury. Since substantial evidence supports the determination, it should be affirmed (see Matter of Calogero v State Ins. Fund, 53 AD2d…

2Cases cited1 opinion

  1. Claim of Calogero v. State Insurance FundAppellate Division of the Supreme Court of the State of New York · 1976

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