Matter of Andrews v. T G Floor Wall

Full title: In the Matter of the Claim of JOSEPH ANDREWS, Appellant, v. T G FLOOR WALL…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 10, 1986

122 A.D.2d 355 (N.Y. App. Div. 1986)

Opinion

July 10, 1986

Appeal from the Workers' Compensation Board.

Kane, J.P.

The Workers' Compensation Board has found that claimant suffers from an occupational disease of the left leg, resulting from his employment as a tile setter. The only issue on this appeal is whether claimant should receive compensation on the basis of a permanent partial disability, or a scheduled loss under Workers' Compensation Law § 15 (3). Resolution of this issue is a question of fact within the exclusive province of the Board (Matter of Donahue v Thomas H. Bradley, Inc., 90 A.D.2d 611). Here, there is medical evidence in the record to support the Board's decision. Although the proof was conflicting, it was properly resolved as a factual determination by the Board (see, Matter of Clifford v Larkin Rest., 31 A.D.2d 866).

Decision affirmed, without costs. Kane, J.P., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.