Matter of Eisenberg v. Erie Railroad Company

Full title: In the Matter of the Claim of HAROLD EISENBERG, Respondent, against ERIE…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 1, 1933

240 App. Div. 790 (N.Y. App. Div. 1933)

Opinion

September, 1933.

Award affirmed, with costs to the State Industrial Board. Hill, P.J., Crapser Bliss and Heffernan, JJ., concur; Rhodes, J., dissents, with a memorandum.

RHODES, J. (dissenting).

I dissent. The claimant worked substantially the whole of the year preceding his injury, but was a five-day worker. The wage rate should, therefore, be computed in accordance with subdivision 3 of section 14 Work. Comp. of the Workmen's Compensation Law. (See Matter of Remmert v. Weidenmeyer, 237 App. Div. 147; affd., 262 N.Y. ___.)