Appellate Division of the Supreme Court of New York, 1936

Claim of Brown v. Boon & Sullivan

Claim of Brown v. Boon & Sullivan
Appellate Division of the Supreme Court of New York · Decided January 15, 1936
246 A.D. 877
Claim of Brown v. Boon & Sullivan

Opinion of the Court

This is an appeal by an employer and insurance carrier from an award in claimant’s favor. The only question presented is the correctness of claimant’s wage rate fixed by the Industrial Board. Claimant had not worked substantially the whole of the year prior to his accident. The Industrial Board adopted the earnings of another employee, engaged in a similar employment, who had worked substantially the whole of the year previous to claimant’s accident and made an award under subdivision 2 of section 14 of the Workmen’s Compensation Law. Award affirmed, with one bill of costs to be divided equally between the claimant and the State Industrial Board, and printing disbursements to each. Hill, P. J., McNamee, Crapser and Heffernan, JJ., concur; Rhodes, J., dissents on the authority of Matter of Remmert v. Weidenmeyer (262 N. Y. 534).

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