Claim of Lippencott v. E. I. Du Pont de Nemours & Co.

Appellate Division of the Supreme Court of New York

Claim of Lippencott v. E. I. Du Pont de Nemours & Co.

271 A.D.2d 941

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

DecidedJanuary 14, 1947

StatusPublished

This text of 271 A.D.2d 941 (Claim of Lippencott v. E. I. Du Pont de Nemours & 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 Lippencott v. E. I. Du Pont de Nemours & Co., 271 A.D.2d 941 (N.Y. Ct. App. 1947).

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Opinion

This is an appeal by the employer and its insurance carrier from an award of compensation in favor of claimant at various rates on account of reduced earnings. The contentions of the appellants are that the board erred in taking the actual earnings of the claimant and that the award of compensation for the period between May 18, 1945, and June 4, 1945, was unwarranted. The board correctly computed the earnings. The award, however, for the period between May 18, 1945, and June 4, 1945, cannot be sustained. Claimant is not entitled to compensation for that period. Award [942]*942modified by striking therefrom the allowance for the period from May 18, 1945, to June 4, 1945, on the ground there is no evidence to sustain it, and as so modified affirmed, without costs. All concur.

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This is an appeal by the employer and its insurance carrier from an award of compensation in favor of claimant at various rates on account of reduced earnings. The contentions of the appellants are that the board erred in taking the actual earnings of the claimant and that the award of compensation for the period between May 18, 1945, and June 4, 1945, was unwarranted. The board correctly computed the earnings. The award, however, for the period between May 18, 1945, and June 4, 1945, cannot be sustained. Claimant is not entitled to compensation for that period. Award [942]*942modified by striking therefrom the allowance for the period from May 18, 1945, to June 4, 1945, on the ground there is no evidence to sustain it, and as so modified affirmed, without costs. All concur.

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Bluebook (online)

271 A.D.2d 941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-lippencott-v-e-i-du-pont-de-nemours-co-nyappdiv-1947.