Claim of Fasce v. Auburn State Prison

Question certified answered in the affirmative. Hill, P. J., Rhodes, Crapser and Bliss, JJ., concur; McNamee, J., concurs, with a memorandum.

(concurring). I vote to answer the question in the affirmative, but do so reluctantly, and under what appears to be the requirement of the statute. I regard as unfortunate that there should be statutory requirement that a man who is not serving the State because of disability shall receive, by reason of the Workmen’s Compensation Law and the special statute, more compensation than when he was in service. This condition should be corrected.