Majority
p. 808Third Department, July, 1927. In the Matter of the Claim of Henry Schaeffer, Respondent, against Buffalo Steel Car Company and Another, Appellants. State Industrial Board, Respondent.
Headnote
Workmens compensation — award — award under Workmen’s Compensation Law, § 15, subd. 3, paragraph u, cannot be appended to schedule award.Appeal from an award of the State Industrial Board, made on February 15, 1926.
An award under paragraph u of subdivision 3 of section 15 of the Workmen’s Compensation Law cannot be appended to a schedule award. (Pinski v. Superior Fireproof Door & Sash Co., 209 App. Div. 305 ; Hinley v. Brooklyn Heights R. R. Co., 215 id. 857; Matter of Bernstein v. Hoffman, 219 id. 152.) If an award is proper in this case it may be made under said paragraph u for combined injuries to both arm and back, such award to date from the time of the accident, and appellants should be credited on such award with all payments made under the schedule award. Cochrane, P. J., Van Kirk, McCann, Davis and Whitmyer, JJ., concur. Award reversed and claim remitted, with costs against the State Industrial Board to abide the event.