Claim of Wall v. Robins Conveying Belt Co.
This text of 243 A.D. 824 (Claim of Wall v. Robins Conveying Belt 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.
Opinions
Award affirmed, with costs to the State Industrial Board.
Hill, P. J. Rhodes and Crapser, JJ., concur; MeNamee, J., dissents and votes to reverse the award and to remit, on the ground that the Board determined the earning capacity of the claimant pursuant to subdivision 2 of section 14, Workmen’s Compensation Law, and resorted to an artificial basis of the earnings of other persons. This was unfair and unreasonable within the letter and spirit of subdivision 3 of that section, because it did not take into consideration the claimant’s own previous earnings. It appears in the record that in the previous year claimant worked nine and one-half months, earning $1,104, and the method pursued by the Board wholly disregards these very substantial earnings for more than three-quarters of the previous year. Bliss, J., dissents, with an opinion.
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243 A.D. 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-wall-v-robins-conveying-belt-co-nyappdiv-1935.