MATTER OF MOYNIHAN v. WILLIAM TURNER CO.


282 A.D. 974 (1953)

In the Matter of the Claim of Francis Moynihan, Respondent, v. William Turner Company et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 12, 1953.


Claimant was injured in an industrial accident on August 8, 1950, and was paid full compensation until February, 1951. On February 26, 1951, claimant started his own plumbing and heating business. There is testimony in the record that he performed only supervisory duties. Claimant had no actual earnings, and the board has properly determined upon the basis of medical proof that his earning capacity was 50%. Subdivision 5-a of section 15 of the Workmen's Compensation Law authorizes...

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