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MATTER OF MESZAROS v. GOLDMAN

307 N.Y. 296 (1954)

In the Matter of the Claim of Albert J. Meszaros, Respondent, v. Max Goldman et al., Appellants, and Louis Efros Plumbing and Heating Co. et al., Respondents. Workmen's Compensation Board, Respondent. In the Matter of the Claim of Emanuel Braunstein, Respondent, v. General Marine Repair et al., Respondents, and Independent Scrap Iron et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

Ralph S. Stowell and Joseph D. Edwards for appellants in first above-entitled proceeding.

Arthur B. Erenstoft for appellants in second above-entitled proceeding.

Nathaniel L. Goldstein, Attorney-General (Daniel Polansky, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent in first above-entitled proceeding.

Ralph S. Stowell and Joseph D. Edwards for Friendly Service Station and another, respondents in second above-entitled proceeding.

CONWAY, DYE, FULD and FROESSEL, JJ., concur with DESMOND, J.; VAN VOORHIS, J., dissents in opinion in which LEWIS, Ch. J., concurs.

DESMOND, J.

The question of law common to both these appeals is this: when a worker suffers two or more separate accidental injuries with resulting "temporary partial" disabilities, both compensable under the Workmen's Compensation Law, and the board finds that the ultimate disability was caused in part by one or more of the earlier accidents, but the earnings of the claimant, after, and as decreased by, the latest accident...

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