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  5. 19 N.Y.2d 692 (1967)
 

MATTER OF LUX v. CHEVROLET BUFFALO DIV., GEN. MOTORS CORP.

19 N.Y.2d 692 (1967)

In the Matter of the Claim of Frank W. Lux, Claimant, v. Chevrolet Buffalo Division, General Motors Corp., Appellant. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided February 23, 1967.

Attorney(s) appearing for the Case

Benedict T. Mangano for appellant.

Louis J. Lefkowitz, Attorney-General (Jorge L. Gomez, Ruth Kessler Toch and Daniel Polansky of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, KEATING and BREITEL. Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse for the reasons stated in the dissenting opinion at the Appellate Division.

Order affirmed, with costs. The record contains substantial evidence in support of the board's finding that claimant's wage loss was causally related to his permanent partial disability. Moreover, since the claimant had no earnings for the layoff periods involved, the board was justified in measuring his wage-earning capacity as provided for in subdivision 5-a of section 15 of the Workmen's Compensation Law and in making an award of compensation on the basis of a 25% partial...

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