MATTER OF NANNERY v. GAF CORP.


75 A.D.2d 697 (1980)

In the Matter of the Claim of Patrick Nannery, Respondent, v. GAF Corporation, Appellant. Workers' Compensation Board, Respondent

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

April 24, 1980


Claimant was classified as having a permanent partial disability following a compensable injury to his back in 1968. In 1970, he invested about $15,000 in a bar and restaurant and became the sole owner of the enterprise. At issue on this appeal is the propriety of the board's award of continued reduced earnings after June 14, 1976 based on its finding that claimant's "income from the business is profits and not wages." In our opinion, its determination is not founded on substantial...

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