Claim of Palermo v. Silvestro — 248 N.Y. 514

Majority

p. 514

In the Matter of the Claim of Giovanni Palermo, Respondent, against Paolo Silvestro et al., Appellants. The State Industrial Board, Respondent.

Headnote

Workmen’s compensation — master and servant — infection from splinter — recission by State Industrial Board of award for temporary disability and new award made for permanent partial disability — earning capacity.

Matter of Palermo v. Silvestro, 222 App. Div. 842 , affirmed.

(Argued March 27, 1928;

decided April 10, 1928.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 10, 1928, modifying and affirming as modified an award of the State Industrial Board made under the Workmen’s Compensation Law. Claimant, a plasterer, in the course of his employment was injured by a splinter entering his left thumb. Infection set in and left him permanently disabled. Defendants contended that the State Industrial Board erred in rescinding previous awards for “ temporary partial disability ” and making further award for “ permanent partial disability,” and further erred in fixing the amount of claimant’s present earning capacity.

p. 515

Edward P. Lyon, Harold S. Lyon and Alfred W. Andrews for appellants.

Albert Ottinger, Attorney-General (E. C. Aiken of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.