Appellate Division of the Supreme Court of New York, 1938

Claim of Weintraub v. Lewis

Claim of Weintraub v. Lewis
Appellate Division of the Supreme Court of New York · Decided September 21, 1938
255 A.D. 728; 6 N.Y.S.2d 755; 1938 N.Y. App. Div. LEXIS 4931
Claim of Weintraub v. Lewis

Opinion of the Court

Appeal by employer and insurance carrier from an award in favor of claimant. Appellants contend that the Board erred in determining the extent of claimant’s disability, and also erred as to the wage rate. The employer was engaged in the poultry business and claimant was injured in the course of his employment. Appellants paid compensation to October 29, 1935, and during the course of the proceedings offered claimant $1,750 in settlement of his claim which the State Industrial Board disapproved. The evidence sustains the finding of the Board as to partial disability of claimant and also the wage rate as fixed. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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