Legal Opinion

Claim of Dicaro v. Fitzgibbon

Appellate Division of the Supreme Court of the State of New York

Decided November 11, 1936PublishedCited by 1 opinion

1Opinion of the CourtMcNamee, J.

An employee was injured in his work on August 13, 1930, and died in May, 1935, from causes unrelated to the accident. An. award has been made to his widow for total disability between August 13, 1930, and January 15, 1931. The Industrial Board found the weekly wage of the employee to be thirty-five dollars and eighty-eight cents, and awarded compensation at the rate of twenty-three dollars and ninety-two cents per week. The facts are not in dispute, and the only question presented is one of compensation rate.

Decedent was a laborer doing highway construction, earning five dollars a day, and…

2Cases cited5 opinions

  1. Claim of Ruppert v. Plattdeutsche Volksfest VereinNew York Court of Appeals · 1934
  2. Claim of Budowski v. Atlas Steel Casting Co.Appellate Division of the Supreme Court of the State of New York · 1933
  3. Kittle v. Town of KinderhookAppellate Division of the Supreme Court of the State of New York · 1925
  4. Claim of Orlando v. Snider Packing Corp.Appellate Division of the Supreme Court of the State of New York · 1930
  5. Claim of Phillips v. New York Trap Rock Co.Appellate Division of the Supreme Court of the State of New York · 1935

3Cited by1 opinion

  1. Claim of McDowell v. Flatbush Congregational ChurchAppellate Division of the Supreme Court of the State of New York · 1937

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