Claim of Boucher v. Boucher

— Appeal from decisions of the Workers’ Compensation Board, filed December 22, 1978 and February 28, 1979, which reversed a referee’s decision and held that the claimant’s average weekly wage should be fixed pursuant to subdivision 3 of section 14 of the Workers’ Compensation Law and that the 260 multiple was applicable. The board found: "based on the evidence in the record and the testimony of the claimant that claimant was not a seasonal worker; that he was ready, willing and able to work when work was available. It is further found that neither Subdivision 1 nor Subdivision 2 of Section 14 applies since the claimant did not work substantially the whole of the year, nor is there a similar worker who worked substantially the whole of the year. Therefore neither of the methods