Claim of Foyt v. Daigler

Appellate Division of the Supreme Court of New York

Claim of Foyt v. Daigler

236 A.D. 420, 258 N.Y.S. 1020, 1932 N.Y. App. Div. LEXIS 5983

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

DecidedSeptember 23, 1932

StatusPublished

Cited by1 cases

This text of 236 A.D. 420 (Claim of Foyt v. Daigler) 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 Foyt v. Daigler, 236 A.D. 420, 258 N.Y.S. 1020, 1932 N.Y. App. Div. LEXIS 5983 (N.Y. Ct. App. 1932).

Pincite

Opinion

Per Curiam.

The court approves of the findings herein except as to the wage rate under subdivision 5 of section 14 of the Workmen’s Compensation Law. In respect to this rate the conditions at the time of the injury control. Under the proof in this case the highest weekly wage upon which claimant’s compensation could be computed is twenty-seven dollars.

The award should be reversed, and the claim remitted, with costs in one appeal against the State Industrial Board to abide the event. (Matter of Kerchik v. LaFontaine Novelty Co., Inc., 225 App. Div. 437; Szmuda v. Kent Bag Co., 214 id. 341; Lerner v. Jakwall Embroidery Co., 203 id. 381.)

Van Kirk, P. J., Hinman, Hill, Rhodes and Crapser, JJ., concur.

Award reversed and claim remitted, with costs in one appeal against the State Industrial Board to abide the event.

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