Appellate Division of the Supreme Court of New York, 1937

Claim of Cutler v. J. L. Hass Co.

Claim of Cutler v. J. L. Hass Co.
Appellate Division of the Supreme Court of New York · Decided May 5, 1937
251 A.D. 763; 295 N.Y.S. 647; 1937 N.Y. App. Div. LEXIS 7414
Claim of Cutler v. J. L. Hass Co.

Opinion of the Court

The employer and insurance carrier have appealed from an award in claimant’s favor for total disability covering the period from June 21, 1935, to November 5, 1935, and for partial disability from November 5, 1935, to July 2, 1936. The sole question presented relates to the wage-earning capacity of the claimant. The Industrial Board found that during the period of partial disability claimant’s earning capacity was twelve dollars and fifty cents per month and consequently fixed the weekly earning capacity at two dollars and eighty-eight cents per week. The evidence sustains the finding. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffeman, JJ.

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