Majority
p. 841In the Matter of the Claim of Joseph Sciocca, Respondent, against Sutton Glass & Mirror Company, Inc., and Another, Appellants. State Industrial Board, Respondent.
Appeal by the employer and carrier from an award to the claimant. The only question is the rate. The claimant during the year previous had worked thirty-eight weeks for two employers and had earned $1,188.41. This was not substantially the whole of the year. Had claimant worked every week during the year prior to the accident he would have earned the sum of $2,340.
p. 842
The rate was based on the payroll of a similar employee who earned $1,818 and the compensation was fixed at $23.31 under subdivision 2 of section 14 of the Workmen’s Compensation Law. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.