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Claim of Clayton v. Walker-Hayes

219 A.D. 848 Court N.Y. App. Div. English

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p. 848
In the Matter of the Claim of Joe Clayton, Respondent, against Walker-Hayes and Another, Appellants. State Industrial Board, Respondent.

Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that an improper basis and method have been employed in fixing claimant’s wage rate; it should be determined under subdivisions 2 and 4 of section 14 of the Workmen’s Compensation Law. (Mackin v. Press Publishing Co., 209 App. Div. 252 .) Van Kirk, Acting P. J., Hinman, McCann Davis and Whitmyer, JJ., concur.