MATTER OF SCAPARO v. KELSEY-HAYES CO.


115 A.D.2d 869 (1985)

In the Matter of the Claim of Philip Scaparo, Respondent, v. Kelsey-Hayes Company, Appellant. Workers' Compensation Board, Respondent

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

December 19, 1985


Casey, J.

Claimant sustained a work-related injury to his back on February 20, 1981 which resulted in a permanent partial disability. He returned to work on August 17, 1981, but retired on October 30, 1981. The employer contends that the Workers' Compensation Board erred in awarding claimant reduced earnings for a period subsequent to his retirement.

It is undisputed that claimant has a work-related permanent partial disability, and there is ample...

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