MATTER OF WEISBERG v. A & A GASOLINE CORP.


42 A.D.2d 1013 (1973)

In the Matter of the Claim of Herman Weisberg, Respondent, v. A & a Gasoline Corp. et al., Appellants. Workmen's Compensation Board, Respondent

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

October 18, 1973


Claimant injured both feet when he tripped while at work. The Board of Consultants found "a mild effect in dorsi flexion" of the right foot equal to a 10% loss of use and "a mild defect in planter flexion" of the left foot equal to a 7½% loss of use, both permanent. The limitations in motion resulting from these defects warrant a finding of partial loss of use. Moreover, the impartial specialist found a "minimal partial disability...

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