200 A.D. 285 | N.Y. App. Div. | 1922
The appellants question whether or not the claimant was disabled during the period covered by the award.
He was injured August 7, 1920, when he fell from a board or scaffold, a distance of about seven feet, and struck a pail of water. Several physicians had reported that, prior to January 8, 1921, the claimant was able to do his usual work. Awards were made from time to time and have been paid, the last of these on January 7, 1921, when the claimant testified that he was not able to work at his trade, that he had sought other lighter work and been unable to find it; and an award was then made to date and the case continued. Hearings were appointed for February 18 and March 18, 1921, at which the claimant did not appear; but he did appear at a hearing May 4, 1921, and testified that he began regular work on March first; that on January eighth he was told to get light work, and that he went down and worked as a janitor. Referee Curtis remarked: “ The doctor did not say light work. The doctor said you were able to do your regular work January seventh. Unless you can show further medical proof that you had disability that long you got all the compensation that you are entitled to. This is the examination and under the decision of the court we could
The record in the case does not make an impression entirely favorable to claimant. There was some evidence that, up to March first, the claimant was unable to do his regular work, but he could do other work and did some; the evidence does not show how much. Under such circumstances he is not entitled to an award for full compensation, at least until further proof is taken. (Workmen’s Compensation Law, § 15, subds. 3, 4, as amd. by Laws of 1920, chaps. 532, 533, and Laws of 1917, chap. 705.) Under the authority of Matter of Jordan v. Decorative Co. (230 N. Y. 522) the award should be reversed and a rehearing ordered, with costs to abide the event.
All concur.
Award reversed and matter remitted to the State Industrial Board, with costs to the appellants to abide the event.