19 A.D.2d 913 | N.Y. App. Div. | 1963
Appeal by the claimant from a decision of the Workmen’s Compensation Board denying compensation benefits to the claimant. Claimant, a compositor, suffered an injury to his lower back on November 3, 1958 while attempting to lift a type form. That disability resulted from this injury is not here disputed. The sole question is whether the board’s finding that a subsequent reduction in earnings suffered in January, 1960 was not due to the disability but rather to the employer’s economic condition is supported by substantial evidence. A reduction in earnings due solely to economic conditions is not compensable (Matter of Haynos v. American Brass Co., 8 A D 2d 870). However, if the disability did, in fact, cause or contribute to reduced earnings an award must be made (Matter of Croce v. Ford Motor Co., 307 N. Y. 125). The resolution of this issue in a given case is factual and thus the board’s