Appellate Division of the Supreme Court of New York, 1937

Claim of Van Pattern v. Van Patten Plumbing & Heating Co.

Claim of Van Pattern v. Van Patten Plumbing & Heating Co.
Appellate Division of the Supreme Court of New York · Decided May 5, 1937
251 A.D. 757; 295 N.Y.S. 320; 1937 N.Y. App. Div. LEXIS 7398
Claim of Van Pattern v. Van Patten Plumbing & Heating Co.

Opinion of the Court

Claimant Mias appealed from an award of compensation based on his actual earnings. Claimant sustained an injury on February 11, *7581935, resulting in the loss of an eye. The only issue involved is that of wage rate. Claimant was the secretary and treasurer of the employer, and the proof discloses that his annual earnings were $1,198.13. His compensation was based on that rate. His contention is that he was capable of earning $2,000 per year and that his compensation rate should have been fixed accordingly. Decision and award unanimously affirmed. Present—.Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.