MIRKO v. THORSEN


62 A.D.2d 1 (1978)

In the Matter of the Claim of John Mirko, Respondent, v. Thomas Thorsen et al., Appellants. Workmen's Compensation Board, Respondent

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

April 20, 1978


Attorney(s) appearing for the Case

Caputo & Capobianco (Philip J. Caputo of counsel), for appellants.

Samuel P. Fensterstock for John Mirko, respondent.

Louis J. Lefkowitz, Attorney-General (Harry Rackow and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

GREENBLOTT, J. P., MAIN, LARKIN and MIKOLL, JJ., concur.


HERLIHY, J.

The facts of the case are unusual and draw attention to an aspect of compensation benefits or liabilities not often reviewed by the courts.

The claimant sustained a permanent total disability at the age of 18 in 1948. The disability was described in a medical examination report dated July 30, 1953 by a board physician as follows: "He has paraplegia of both lower extremities requiring the use...

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