Opinion
November, 1930.
Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that the award is for permanent partial disability under subdivision 3-u of section 15 Work. Comp. of the Workmen's Compensation Law, due to multiple injuries, and the Board has failed to rescind a schedule award previously paid and has failed to allow credit for earning capacity from the date of the accident as required by the authorities. (See Matter of Carolan v. Hoe Co., 225 App. Div. 393; Pinski v. Superior Fireproof Door Sash Co., 209 id. 305; Matter of Schaefer v. Buffalo Steel Car Co., 250 N.Y. 507.) Hinman, Acting P.J., Davis, Whitmyer, Hill and Hasbrouck, JJ., concur.
See Workmen's Compensation Law, § 15, subd. 3, ¶ u; since renum. ¶ v by Laws of 1929, chap. 301, adding new ¶ u. — [REP.