Claim of Whitney v. Gersitz

264 A.D. 968, 37 N.Y.S.2d 57, 1942 N.Y. App. Div. LEXIS 5574

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: September 23, 1942
• Status: Published

Opinion

Claimant has been allowed the minimum award of eight dollars a week (Workmen’s Comp. Law, § 1'5, subd. 6). He received injuries while working as a painter and carpenter. The evidence sustains the finding that claimant can no longer work in that capacity. His earnings as a painter and carpenter in the previous year exceeded eight dollars per week. He is now employed as a night watchman. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffernan, Sehenck and Foster, JJ.