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Claim of Ginn v. Rapid Service Press

248 N.Y. 563 Court N.Y. Decision date 1928-05-11 English

Contents

Majority

p. 563
In the Matter of the Claim of Charles Ginn, Respondent, against Rapid Service Press et al., Appellants. State Industrial Board, Respondent.

Headnote

Workmen's compensation — master and servant — rate of compensation for temporary total disability.
Matter of Ginn v. Rapid Service Press, 222 App. Div. 406 , affirmed.
(Submitted April 30, 1928;
decided May 11, 1928.)
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered
p. 564
January 16, 1928, affirming an award of the State Industrial Board made under the Workmen’s Compensation Law. Claimant, from injuries received in the course of his employment, was temporarily totally disabled and permanently partially disabled. The question was whether under subdivision 6 of section 15 of the Workmen’s Compensation Law he was entitled to twenty or twenty-five dollars a week compensation during the period of total disability. The Appellate Division held he was entitled to twenty-five dollars per week during the period of temporary total disability and not to exceed twenty dollars per week for permanant partial disability during the remainder of the schedule period.
John G. Donovan for appellants.
Albert Ottinger, Attorney-General (E. C. Aiken of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.