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Claim of Whitney v. Gersitz

264 A.D. 968 Court N.Y. App. Div. Decision date 1942-09-23 English

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p. 968
In the Matter of the Claim of Edward P. Whitney, Respondent, against Joseph A. Gersitz and The Travelers Insurance Company, Appellants. State Industrial Board, Respondent.

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.