Claim of Mullee v. Max Berman, Inc.

Appellate Division of the Supreme Court of New York

Claim of Mullee v. Max Berman, Inc.

246 A.D. 671

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

DecidedNovember 15, 1935

StatusPublished

This text of 246 A.D. 671 (Claim of Mullee v. Max Berman, Inc.) 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 Mullee v. Max Berman, Inc., 246 A.D. 671 (N.Y. Ct. App. 1935).

Pincite

Opinion

Deceased, a lumber handler, received injuries from which he died. The only question involved is the fixing of the compensation rate under subdivision 2 of section 14 of the Workmen’s Compensation Law, it being the contention of the appellants that it should have been fixed under subdivision 3 of section 14. The deceased had not worked substantially the whole of the preceding year and the wages of a person working in a similar employment in the same neighborhood was taken as a basis for the award of compensation. The earnings were properly ascertained under subdivision 2 of section 14 and the award should be affirmed. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. , • MeNamee, Crapser, Bliss and Heffernan, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Deceased, a lumber handler, received injuries from which he died. The only question involved is the fixing of the compensation rate under subdivision 2 of section 14 of the Workmen’s Compensation Law, it being the contention of the appellants that it should have been fixed under subdivision 3 of section 14. The deceased had not worked substantially the whole of the preceding year and the wages of a person working in a similar employment in the same neighborhood was taken as a basis for the award of compensation. The earnings were properly ascertained under subdivision 2 of section 14 and the award should be affirmed. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. , • MeNamee, Crapser, Bliss and Heffernan, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

246 A.D. 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-mullee-v-max-berman-inc-nyappdiv-1935.