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(DOWNLOAD) "Matter Claim Donald Lattin v. A.C. Lamb & Sons Et Al." by Supreme Court of New York " Book PDF Kindle ePub Free

Matter Claim Donald Lattin v. A.C. Lamb & Sons Et Al.

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eBook details

  • Title: Matter Claim Donald Lattin v. A.C. Lamb & Sons Et Al.
  • Author : Supreme Court of New York
  • Release Date : January 03, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

[53 A.D.2d 719 Page 719] Appeal from a decision of the Workmen's Compensation Board, filed February 20, 1974, insofar as it fails to increase the amount of compensation awarded by the referee's decision of August 1, 1973. The sole issue raised on this appeal is the proper computation of benefits awarded claimant for partial disability for the periods from January 16, 1970 to April 6, 1970 and July 12, 1971 to February 3, 1973. Claimant was injured on April 16, 1969. He claims that because his post-injury wages varied from week to week that his actual post-injury wages should be averaged over reasonable periods to determine his decrease of earning capacity. Claimant contends that Matter of Burley v American Locomotive Co. (2 A.D.2d 621) mandates averaging under the circumstances. We disagree. In Matter of Burley v American Locomotive Co. (supra) the employee's earnings for the year prior to his disability fluctuated between a low of $32.34 and a high of [53 A.D.2d 719 Page 720]


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