Claim of Mullins v. Atlantic Basin Iron Works

Appellate Division of the Supreme Court of New York

Claim of Mullins v. Atlantic Basin Iron Works

271 A.D.2d 854

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

DecidedNovember 20, 1946

StatusPublished

This text of 271 A.D.2d 854 (Claim of Mullins v. Atlantic Basin Iron Works) 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.

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Claim of Mullins v. Atlantic Basin Iron Works, 271 A.D.2d 854 (N.Y. Ct. App. 1946).

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Opinion

Appeal by employer and insurance carrier from an award made by the Workmen’s Compensation Board on account of reduced earnings for the period from June 26, 1945, to October 5, 1945. On July 28, 1942, while working as a rigger’s helper at a pier in Brooklyn claimant sustained injuries in the course of his employment. At that time his weekly wage was $62.82. He was totally disabled at times up to June 26, 1945, and received several awards based on his earnings. On June 26, 1945, he was discharged for alleged gambling and thereafter secured work at $50 per week. An award was made for two thirds of the difference in earnings, or $8.55 per week. Appellant urges that the board erred in fixing earning capacity upon actual earnings after the discharge and while engaged at a different job. The board found that because of his injuries his earning capacity was reduced to $50 a week. The record justified the conclusion reached. (Matter of Matise v. Munro Waterproofing Co., 293 N. Y. 496.) Decision and award affirmed, with costs to the Workmen’s Compensation Board. All concur. [See post, p. 939.]

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Appeal by employer and insurance carrier from an award made by the Workmen’s Compensation Board on account of reduced earnings for the period from June 26, 1945, to October 5, 1945. On July 28, 1942, while working as a rigger’s helper at a pier in Brooklyn claimant sustained injuries in the course of his employment. At that time his weekly wage was $62.82. He was totally disabled at times up to June 26, 1945, and received several awards based on his earnings. On June 26, 1945, he was discharged for alleged gambling and thereafter secured work at $50 per week. An award was made for two thirds of the difference in earnings, or $8.55 per week. Appellant urges that the board erred in fixing earning capacity upon actual earnings after the discharge and while engaged at a different job. The board found that because of his injuries his earning capacity was reduced to $50 a week. The record justified the conclusion reached. (Matter of Matise v. Munro Waterproofing Co., 293 N. Y. 496.) Decision and award affirmed, with costs to the Workmen’s Compensation Board. All concur. [See post, p. 939.]

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271 A.D.2d 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-mullins-v-atlantic-basin-iron-works-nyappdiv-1946.

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