Appellate Division of the Supreme Court of New York, 1928

Claim of Lipco v. White Wrecking Co.

Claim of Lipco v. White Wrecking Co.
Appellate Division of the Supreme Court of New York · Decided September 15, 1928
224 A.D. 801
Claim of Lipco v. White Wrecking Co.

Opinion of the Court

Award unanimously affirmed, with costs to the State Industrial Board. While there was no finding as to claimant’s earning capacity during the period of the award, nevertheless it clearly appears that his earning capacity during that period was less than fifteen dollars a week, so that his loss of earnings was thirty dollars or more a week, and a finding cannot change the result. Present— Van Kirk, P. J., Hinman, Davis, Whitmyer and Hasbrouck, JJ.

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