Opinion
January 18, 1950.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon. JJ.
It is conceded that on September 8, 1934, claimant sustained an industrial accident, as a result of which she suffered a fracture of the neck of the right femur. She was awarded compensation for temporary total disability at the rate of $13.08, and this was continued until December 21, 1948. On that date the board found her to be permanently and totally disabled, and increased the rate to $15 per week payable from the date of the accident. It is the contention of the appellants that this modification of the previous awards was beyond the power of the board, and that the permanent total disability classification and minimum rate of $15 per week, under the provisions of subdivision 6 of section 15 Work. Comp. of the Workmen's Compensation Law, could only be applied to the period after the finding of permanent disability was made. We think this contention to be without merit. The board may at any time without regard to the date of the accident reclassify disability upon proof that there has been a change in condition or that the previous classification was erroneous. (Workmen's Compensation Law, § 15, subd. 6-a; Matter of Cretella v. New York Dock Co., 289 N.Y. 254.) The fact that under the statute there is a limitation of $5,000 for temporary total disability is of no consequence here because appellants are credited with the payments made for such disability. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.