Claim of O'Shea v. City of Binghamton
The claimant appealed a Workers' Compensation Board decision that rescinded an award for disability due to an aggravation of pre-existing tuberculosis from November 5, 1974, to December 30, 1975, and limited partial disability awards to June 3, 1976. The claimant contended the rescission was contradictory and medical evidence showed continuing disability. The court found that the board's rescission of benefits for the period of November 5, 1974, to December 30, 1975, was arbitrary and lacked substantial evidence, especially given medical reports and employer concessions regarding partial disability during that time. Consequently, the decision was modified by reversing the rescission of the referee’s award for that period and remitting the matter to the Board for further proceedings.