Malvasio v. Schwartz

216 A.D. 775 | N.Y. App. Div. | 1926

Awards reversed and matter remitted, with costs against the State Industrial Board to abide the event, on the ground that there is no evidence to support the findings as to claimant’s earning capacity during the period of the awards; and on the further ground that the undisputed testimony shows that claimant neglected treatments which if taken would have cleared up the disability prior to the expiration of the last award. All concur.