MATTER OF ELLERT v. ELLERT BROS. & SONS, INC.


78 A.D.2d 744 (1980)

In the Matter of the Claim of Charles Ellert, Appellant, v. Ellert Brothers & Sons, Inc., et al., Respondents. Workers' Compensation Board, Respondent

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

October 23, 1980


Claimant incurred a serious injury to his right knee on November 2, 1972 when he fell into a well pit while working for the employer. On February 21, 1975, he was found to have a permanent partial disability with a 75% loss of earning capacity; 40% of the permanent partial disability was found to be related to the accident on November 2, 1972, and 60% was found to be causally related to a pre-existing condition described as grossly advanced arthritis. Claimant's average weekly...

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