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MATTER OF ZIMMERMAN v. AKRON FALLS PARK — ERIE COUNTY

29 N.Y.2d 815 (1971)

In the Matter of the Claim of Howard Zimmerman, Claimant, v. Akron Falls Park — Erie County, Respondent, and Special Disability Fund, Respondent. Workmen's Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided November 18, 1971.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Julius Fell, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, appellant.

Howard Zimmerman, claimant, pro se.

Marvin H. Mason for County of Erie, respondent.

James P. Lynch and George Cholet for Special Disability Fund, respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITAL and GIBSON. Judges SCILEPPI and JASEN dissent and vote to affirm on the opinion at the Appellate Division.

Order reversed, with costs against the respondents employer and Fund, and the decision of the Workmen's Compensation Board reinstated in a memorandum: There was substantial medical evidence that claimant suffered a 50% loss of use of his arm attributable solely to the 1967 accident, and this the board properly found, "in view of the restricted motion of the left shoulder and in spite of the prior left forearm amputation". Thus, as the dissenters at the Appellate Division...

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