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MATTER OF NETH v. CURTIS BURNS, INC.

37 A.D.2d 872 (1971)

In the Matter of the Claim of Thomas Neth, Respondent, v. Curtis Burns, Inc., et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

October 21, 1971

There is no dispute that claimant, a fork-lift operator, who is now blind and will not be able to work again, is entitled to compensation. The only dispute is rate of payment required to be made to him. While an award of temporary total disability might be proper where a claimant's medical condition remains "unsettled" in the sense of whether it is temporary or permanent (Matter of Clifford v. Larkin Rest., 31 A.D.2d 866), there...

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