MATTER OF DOBERSTEIN v. MARSHALL


37 A.D.2d 1024 (1971)

In the Matter of the Claim of Ronald Doberstein, Respondent, v. Fred Marshall et al., Appellants. Workmen's Compensation Board, Respondent

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

November 9, 1971


There is substantial evidence to support the board's finding that claimant had a "continuing causally related disability". However, the board erroneously computed the rate of compensation to which claimant was entitled. While the board does not explicitly indicate that the award was based on a continuing total or partial disability, we must assume from the award rendered and the fact that no testimony can be found establishing claimant's earning capacity that the board considered...

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