MATTER OF DE MARSH v. DE MARSH & SONS


96 A.D.2d 618 (1983)

In the Matter of the Claim of Harold De Marsh, Respondent, v. De Marsh and Sons et al., Appellants, and Special Funds Conservation Committee, Respondent. Workers' Compensation Board, Respondent

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

July 7, 1983


Claimant has a history of work-related back injuries dating to 1962. On August 5, 1976, he again sustained an injury to his back. In the decision under review, the board found that "claimant has a 50% causally related disability attributable to the August 5, 1976 accident and the $83.33 reduced earnings rate is proper". The carrier contends that error was committed at the hearing when the referee refused to allow the carrier to introduce evidence or cross-examine witnesses...

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