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ORZO v. EDO AIRCRAFT

75 A.D.2d 357 (1980)

In the Matter of the Claim of Joseph Orzo, Respondent, v. Edo Aircraft et al., Respondents; Special Fund for Reopened Cases, Appellant. Workers' Compensation Board, Respondent

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

July 10, 1980

Attorney(s) appearing for the Case

George Cholet (Patrick E. Harnedy of counsel), for appellant.

Robert Abrams, Attorney-General (Howard B. Friedland and Henriette Frieder of counsel), for Workers' Compensation Board, respondent.

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

HERLIHY, J.

The claimant sustained a compensable injury on December 16, 1946 and that injury has been held to be the responsibility of the Special Fund. The board has apportioned the disability subsequent to a May, 1972 compensable accident as 75% causally related to the 1946 accident. The average weekly wage for the disability subsequent to the 1972 accident was set at the 1972 rate of $102.50, as sanctioned...

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