Claim of Wood v. Seneca Iron & Steel Co.

Appellate Division of the Supreme Court of New York

Claim of Wood v. Seneca Iron & Steel Co.

246 A.D. 871

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

DecidedJanuary 15, 1936

StatusPublished

Cited by1 cases

This text of 246 A.D. 871 (Claim of Wood v. Seneca Iron & Steel 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 Wood v. Seneca Iron & Steel Co., 246 A.D. 871 (N.Y. Ct. App. 1936).

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Opinion

This is an appeal by the employer and carrier, who do not deny their liability for payments of disability benefits, but object to the awards -on the grounds that the amount of compensation payable to the claimant is improperly computed. The claimant was an electrician and continued to do his regular work for some years after the accident, for which he received his regular pay. The amount of the pay was reduced and his hours shortened due to industrial conditions. He was then transferred to another position which had a lower rate of pay. The Industrial Board found on sufficient evidence that he was unable to perform the duties of the position that he was engaged in at the time of the accident because of the injuries received and, therefore, it made the award which is sustained by the evidence. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

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This is an appeal by the employer and carrier, who do not deny their liability for payments of disability benefits, but object to the awards -on the grounds that the amount of compensation payable to the claimant is improperly computed. The claimant was an electrician and continued to do his regular work for some years after the accident, for which he received his regular pay. The amount of the pay was reduced and his hours shortened due to industrial conditions. He was then transferred to another position which had a lower rate of pay. The Industrial Board found on sufficient evidence that he was unable to perform the duties of the position that he was engaged in at the time of the accident because of the injuries received and, therefore, it made the award which is sustained by the evidence. 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)

246 A.D. 871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-wood-v-seneca-iron-steel-co-nyappdiv-1936.

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