17 A.D.2d 889 | N.Y. App. Div. | 1962
This is an appeal from a decision of the Workmen’s Compensation Board which awarded the claimant the maximum rate for total disability. The proof established that claimant was only partially disabled. The board reached its decision upon the ground that the only type of work which the claimant could do was that of a laborer and his disability prevented him from performing this kind of work. The claimant on November 13, 1958, while working as a laborer, was injured in the course of his employment and it was thereafter found that he was partially disabled as the result of a lumbosacral sprain of the back. At a hearing, the board, as a result of the medical testimony, set his earning capacity