Goss v. Hornblower & Weeks

• Decision Date: 26 April 1979
• Citation: 416 N.Y.S.2d 95,69 A.D.2d 972
• Court: New York Supreme Court — Appellate Division
• Parties: Claim of Adrian GOSS, Appellant, v. HORNBLOWER & WEEKS et al., Respondents, Workers' Compensation Board, Respondent.

Page 95

416 N.Y.S.2d 95

69 A.D.2d 972

Claim of Adrian GOSS, Appellant, v. HORNBLOWER & WEEKS et al., Respondents Workers' Compensation Board, Respondent.

Supreme Court, Appellate Division, Third Department.

April 26, 1979.

Johnson, Tannen, Katzman, Brecher, Fishman & Feit, P. C., New York City (Lewis L. Heller, New York City, of counsel) for appellant.

Philip J. Caputo, New York City, for respondents.

Before SWEENEY, J. P., and KANE, STALEY, MAIN and MIKOLL, JJ.

MEMORANDUM DECISION.

Appeal from a decision of the Workers' Compensation Board, filed February 1, 1978.

Claimant was employed as a stockbroker and sustained a compensable injury to his left knee on November 4, 1974. Surgery was performed on that knee on February 26, 1975. Following an award of a 10% Schedule loss for use of the left leg, claimant requested on January 29, 1976 that the case be restored to the calendar for consideration of an alleged consequential injury to his right knee. According to claimant, his right knee was injured on April 8, 1975 when he was struck by a boy on a bicycle while going to his doctor for an examination of his left knee. The Referee found...