LANE v. ROTODYNE, INC.


66 A.D.2d 153 (1979)

In the Matter of the Claim of Jack Lane, Respondent, v. Rotodyne, Inc., et al., Appellants. Workers' Compensation Board, Respondent

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

January 25, 1979


Attorney(s) appearing for the Case

Philip J. Caputo for appellants.

Rowen, Downes & Cascione, P. C., for Jack Lane, respondent.

Louis J. Lefkowitz, Attorney-General (Daniel Polansky and Henriette Frieder of counsel), for Workers' Compensation Board, respondent.

SWEENEY, KANE and STALEY, JR., JJ., concur with HERLIHY, J.; MAHONEY, P. J., dissents and votes to remit in an opinion.


HERLIHY, J.

The claimant has been awarded supplemental benefits pursuant to section 15 (subd 3, par v) of the Workers' Compensation Law (hereinafter referred to as section 15). The appellants first object upon the ground that there must be a showing that wage earning capacity was impaired solely by claimant's accidental injury of November 18, 1970.

As applicable to this case, section 15 provides, in...

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