Claim of Sciocca v. Sutton Glass & Mirror Co.

Appellate Division of the Supreme Court of New York

Claim of Sciocca v. Sutton Glass & Mirror Co.

248 A.D. 841, 290 N.Y.S. 249, 1936 N.Y. App. Div. LEXIS 7578

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

DecidedSeptember 30, 1936

StatusPublished

This text of 248 A.D. 841 (Claim of Sciocca v. Sutton Glass & Mirror 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 Sciocca v. Sutton Glass & Mirror Co., 248 A.D. 841, 290 N.Y.S. 249, 1936 N.Y. App. Div. LEXIS 7578 (N.Y. Ct. App. 1936).

Pincite

Opinion

Appeal by the employer and carrier from an award to the claimant. The only question is the rate. The claimant during the year previous had worked thirty-eight weeks for two employers and had earned $1,188.41. This was not substantially the whole of the year. Had claimant worked every week during the year prior to the accident he would have earned the sum of $2,340. [842]*842The rate was based on the payroll of a similar employee who earned $1,818 and the compensation was fixed at $23.31 under subdivision 2 of section 14 of the Workmen’s Compensation Law. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

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Appeal by the employer and carrier from an award to the claimant. The only question is the rate. The claimant during the year previous had worked thirty-eight weeks for two employers and had earned $1,188.41. This was not substantially the whole of the year. Had claimant worked every week during the year prior to the accident he would have earned the sum of $2,340. [842]*842The rate was based on the payroll of a similar employee who earned $1,818 and the compensation was fixed at $23.31 under subdivision 2 of section 14 of the Workmen’s Compensation Law. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

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Bluebook (online)

248 A.D. 841, 290 N.Y.S. 249, 1936 N.Y. App. Div. LEXIS 7578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-sciocca-v-sutton-glass-mirror-co-nyappdiv-1936.