MATTER OF BRUNO v. 414 WEST 23RD ST. CORP.


12 A.D.2d 831 (1961)

In the Matter of the Claim of Candida Bruno, Respondent, v. 414 West 23rd St. Corp. et al., Appellants. Workmen's Compensation Board, Respondent

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

January 11, 1961


We find no tenable basis for appellants' attack upon the credibility of the testimony as to the hiring of the substitute and his performance of the heavy work, adduced from claimant, the substitute and the employer's managing agent. Neither do we perceive any merit in appellants' denial of any "decreased earnings or earning capacity" (Workmen's Compensation Law, § 15, subd. 6) on the ground that the employer continued to pay claimant's wages and to supply the apartment...

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