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

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

DecidedNovember 16, 1938

StatusPublished

Cited by1 cases

This text of 255 A.D. 904 (Claim of Rowe v. G. R. Kinney 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.

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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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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.

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255 A.D. 904, 7 N.Y.S.2d 768, 1938 N.Y. App. Div. LEXIS 9332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-rowe-v-g-r-kinney-co-nyappdiv-1938.

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