Claim of Kahl v. Sinclair Refining Co.

McNamee, J. (dissenting).

The claimant was a common laborer, and the Industrial Board so found. His employment was intermittent during the year preceding his injury, for he worked off and on only fifty-seven days, earning fifty cents an hour a part of the time and seventy-five cents an hour at other times. Twice he refused steady jobs because he did not wish to complicate the social relations of his wife. He earned as a laborer during the year $293.44; but the Board, under subdivision 2 of section 14 of the Workmen’s Compensation Law, and upon proof of the earnings of another worker,…