Claim of Orlando v. Snider Packing Corp.

An award for death benefits has been made which is not questioned except it is contended that the Board incorrectly fixed $1,200 as decedent’s average annual earnings. The employer conducts a canning factory which is operated not longer than from July first to November first in each year. Decedent was injured July 25, 1928, and died July 27, 1928.

Subdivision 3 of section 14 of the Workmen’s Compensation Law defines the method for computing earnings in cases of this kind, and since the amendment effective July 1, 1928 (Laws of 1928, chap. 754), provides that the annual earning capacity of an…