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

Appellate Division of the Supreme Court of New York

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

251 A.D. 763, 295 N.Y.S. 647, 1937 N.Y. App. Div. LEXIS 7414

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 5, 1937

StatusPublished

This text of 251 A.D. 763 (Claim of Cutler v. J. L. Hass Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Cutler v. J. L. Hass Co., 251 A.D. 763, 295 N.Y.S. 647, 1937 N.Y. App. Div. LEXIS 7414 (N.Y. Ct. App. 1937).

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Opinion

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.

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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.

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Bluebook (online)

251 A.D. 763, 295 N.Y.S. 647, 1937 N.Y. App. Div. LEXIS 7414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-cutler-v-j-l-hass-co-nyappdiv-1937.