Claim of Marlin v. Y & N Cab Corp.

The employer and carrier appeal from an award of the Workmen’s Compensation Board on the sole ground that the board erroneously fixed claimant’s wage rate pursuant to subdivision 3 of section 14 of the Workmen’s Compensation Law at an amount exceeding his actual earnings in the subject employment, contrary to subdivision 6 of section 15 of the Workmen’s Compensation Law. This is clearly a case of dual and dissimilar employment. Claimant worked five days per week as a school teacher, and part time, usually week ends, as a cab driver. In the latter employment he was injured. The board has…