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Claim of Clippard v. Costello Concrete Co.

30 N.Y.2d 628 Court N.Y. Decision date 1972-03-16 English

Contents
p. 628
In the Matter of the Claim of John Clippard, Respondent, v. Costello Concrete Co., Inc. et al., Appellants. Workmen’s Compensation Board, Respondent.
Submitted February 18, 1972;
decided March 16, 1972.
p. 629
John H. Roberts for appellants.
Louis J. Lefkowits, Attorney-General (Henriette Frieder, Ruth Kessler Toch and Darnel Polansky of counsel), for Workmen’s Compensation Board, respondent.

no opinion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Gibson.

Judge Jasen dissents and votes to reverse in the following memorandum: In my view, on the record before us, there is no substantial evidence to sustain the board’s finding of 100% loss of claimant’s use of his left eye. I would reverse and remand for further proceedings to determine the extent of partial loss sustained.