Appeal by self-insured employer from an award of compensation based upon a finding that claimant is totally and permanently disabled. Appellant urges that there is no evidence to sustain the finding of total and permanent disability, and that all the evidence points to some wage-earning capacity. The issue is solely one of fact and we cannot say that the record is devoid of evidence to sustain the board's decision. Award affirmed, with costs to the Workmen's Compensation Board.
Foster, P.J., Heffernan, Santry and Bergan, JJ., concur; Deyo, J., dissents in the following memorandum:
In my opinion the evidence is not only insufficient to support a finding of total disability but actually establishes a definite specific wage-earning capacity.