12 A.D.2d 670 | N.Y. App. Div. | 1960
Appeal from a decision and award of the Workmen’s Compensation Board. Claimant was employed as a practical nurse at a convalescent home. On February 25, 1952 she sustained a comminuted fracture of the right patella in the course of her work, and the following year, as a result of the first injury, sustained a further fall and additional injuries. As the result of these accidents claimant was at first totally and then partially disabled and in 1955 the ease was closed and a schedule award of 25% permanent loss of the right leg was allowed. In 1956 she suffered a further injury to the leg in an automobile accident which was unrelated to the earlier accidents. But the following year, March 15, 1957, she again fell and the board has found that this accident caused an injury which has resulted in a permanent partial disability. It attributed 50% of the cause of the 1957 fall to the 1952 accident and 50% to the unrelated automobile accident. The appellants argue that on this record the board was without jurisdiction to vacate the schedule award and impose the further responsibility for the 1952 accident. But the board clearly has jurisdiction to reclassify awards (Workmen’s Compensation Law, § 15, subd. 6-a; and exercises a continuing jurisdiction, § 123). Here it was justified on the basis of proof of continuing pain and disability following the 1955 schedule award to reclassify and to make a new award consistent with
