Claim of Rowe v. G. R. Kinney Co.

Appellate Division of the Supreme Court of New York

Claim of Rowe v. G. R. Kinney Co.

255 A.D. 904, 7 N.Y.S.2d 768, 1938 N.Y. App. Div. LEXIS 9332

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1938·Published·Cited by 1 cases

Opinion

Appeal from an award of workmen’s compensation by the State Industrial Board for reduced earnings. At the time of the accident the claimant received a salary and moneys for living expenses while traveling. As the result of the accident he was unable to do the work required of a traveling man and so received only his salary, thus being compelled to pay his own living expenses. This was in substance a reduction in earnings. The finding that claimant’s average annual earnings for the year preceding his injury, in the same employment, amounted to $5,550 is questioned as arbitrary. During a substantial portion of this period he earned between $7,000 and $8,000 (one witness said $9,000) and for another portion $75 per week plus living expense moneys of $1,000 to $1,200 per year. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., MeNamee, Crapser, Bliss and Heffeman, JJ.

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Appeal from an award of workmen’s compensation by the State Industrial Board for reduced earnings. At the time of the accident the claimant received a salary and moneys for living expenses while traveling. As the result of the accident he was unable to do the work required of a traveling man and so received only his salary, thus being compelled to pay his own living expenses. This was in substance a reduction in earnings. The finding that claimant’s average annual earnings for the year preceding his injury, in the same employment, amounted to $5,550 is questioned as arbitrary. During a substantial portion of this period he earned between $7,000 and $8,000 (one witness said $9,000) and for another portion $75 per week plus living expense moneys of $1,000 to $1,200 per year. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., MeNamee, Crapser, Bliss and Heffeman, JJ.

Claim of Rowe v. G. R. Kinney Co., 255 A.D. 904, 7 N.Y.S.2d 768, 1938 N.Y. App. Div. LEXIS 9332 (N.Y. Ct. App. 1938).

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