Appellate Division of the Supreme Court of New York, 1937

Claim of Linkens v. Tide Water Oil Sales Corp.

Claim of Linkens v. Tide Water Oil Sales Corp.
Appellate Division of the Supreme Court of New York · Decided May 12, 1937
251 A.D. 768; 295 N.Y.S. 541; 1937 N.Y. App. Div. LEXIS 7433
Claim of Linkens v. Tide Water Oil Sales Corp.

Opinion of the Court

The wage rate is the only question raised. Claimant had worked for the employer six weeks, at $25 a week; his wages for the other forty-six weeks were $38 a week, making his total annual earnings $1,928, or $37.08 a week, which represents his total earnings. The award was for one-third of that amount, or $12.36 a week. Award modified by fixing the wage rate at $37.08 per week, and as so modified unanimously affirmed, without costs. Present—'Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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