From Casetext: Smarter Legal Research

Matter of Somers v. Texaco, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Jun 13, 1991
174 A.D.2d 842 (N.Y. App. Div. 1991)

Opinion

June 13, 1991

Appeal from the Workers' Compensation Board.


Whether a claimant's disability is schedulable is a question of fact within the exclusive province of the Workers' Compensation Board to resolve and its determination of the issue must be upheld if supported by substantial evidence (Matter of Donahue v Thomas H. Bradley, Inc., 90 A.D.2d 611). The record in this case contains substantial evidence to sustain the finding that claimant had a permanent partial disability and that his condition was not amenable to a schedule loss evaluation. The medical evidence showed that claimant had continuing pain in his right shoulder, that it interfered with his ability to perform his regular work and two physicians opined that the condition was probably permanent. Although there was medical evidence which could have supported a contrary conclusion, this conflicting proof was properly resolved as a factual determination by the Board (see, Matter of Andrews v T G Floor Wall Covering, 122 A.D.2d 355). The employer's remaining contentions on appeal have been considered and deemed to be lacking in merit.

Mahoney, P.J., Casey, Weiss, Mikoll and Harvey, JJ., concur. Ordered that the decisions are affirmed, with costs.


Summaries of

Matter of Somers v. Texaco, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Jun 13, 1991
174 A.D.2d 842 (N.Y. App. Div. 1991)
Case details for

Matter of Somers v. Texaco, Inc.

Case Details

Full title:In the Matter of the Claim of JOHN SOMERS, Respondent, v. TEXACO, INC., et…

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

Date published: Jun 13, 1991

Citations

174 A.D.2d 842 (N.Y. App. Div. 1991)
571 N.Y.S.2d 347

Citing Cases

In re of Jweid v. Vicks Lithograph

The Workers' Compensation Board affirmed that decision and this appeal by the employer and its workers'…