Opinion
September 25, 1940.
Appeal from Workmen's Compensation Law.
Present — Hill, P.J., Bliss, Heffernan, Schenck and Foster, JJ.
The average weekly rate was computed at $34.62. The question of rate is the only issue on appeal. The record indicates that decedent was employed as a roofer. He did not work substantially the whole of the year immediately preceding the injury but he was not engaged in a seasonal employment. A few months prior to his injury he was promoted to the position of foreman. Men employed in that capacity and doing similar work in the vicinity earned $1,800 or more a year, although they received a higher hourly wage than decedent. This variance is not a bar to the award as made. ( Matter of Aronstein v. Trojan Hat Co., Inc., 245 App. Div. 151. ) Moreover, as a foreman decedent's average weekly earnings amounted to $32.68. Award unanimously affirmed, with costs to the State Industrial Board.