Claim of Weiss v. Baker-Weiss Packing Box Co.

Majority

p. 521

In the Matter of the Claim of Max Weiss against Baker-Weiss Packing Box Company et al., Respondents. The State Industrial Board, Appellant.

Headnote

Workmen’s compensation — when officer of corporation not entitled to compensation for injury received in performance of duties — insurance —failure to include salary of officer in total remuneration of employees upon which basis premium is fixed.

Matter of Weiss v. Baker-Weiss Packing Box Co., 201 App. Div. 97 , affirmed.

(Argued April 18, 1923;

decided May 8, 1923.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered

p. 522

May 3, 1922, reversing an award of the State Industrial Board and directing dismissal of a claim under the Workmen’s Compensation Law. Claimant was secretary, treasurer and general manager of defendant packing box company and owned about one-half of its stock. While in the performance of his duties he was injured and seeks compensation therefor. The Appellate Division directed a dismissal of the claim upon the ground that the salary of claimant was not included in the total remuneration of employees upon which the premium of the insurance carrier was based.

Carl Sherman, Attorney-General (E. C. Aiken of counsel), for appellant.

Barnett Cohen and Frank J. 0’ Neill for respondents.

Order _ affirmed, with costs against state industrial board; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.