Legal Opinion

Claim of Gurewicz v. 107 N. Fifth St. Corp.

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

Decided June 26, 1975PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a decision of the Workmen’s Compensation Board, filed May 23, 1974. It is not disputed that claimant, a part-time bartender, sustained a compensable accident on May 6, 1972. The sole issue is how the computation of benefits should be handled. The board found that claimant sustained a schedule loss of 714% of the left arm. However, since claimant only worked one day a week as a bartender for which he earned $25, the board computed the award pursuant to subdivision 3 of section 14 of the Workmen’s Compensation Law resulting in an average weekly wage of $96.15 and a rate of $64. The…

2Cases cited4 opinions

  1. Matter of Stallone v. BreweriesNew York Court of Appeals · 1961
  2. Claim of Stallone v. Liebmann BreweriesAppellate Division of the Supreme Court of the State of New York · 1960
  3. Claim of Birtolo v. First Housing Co.Appellate Division of the Supreme Court of the State of New York · 1973
  4. Claim of Ednie v. Five Star Beverage Co.Appellate Division of the Supreme Court of the State of New York · 1962

3Cited by3 opinions

  1. Claim of Pfeffer v. Parkside Caterers, Inc.New York Court of Appeals · 1977
  2. Claim of Reasoner v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1985
  3. Claim of Pfeffer v. Parkside Caterers, Inc.Appellate Division of the Supreme Court of the State of New York · 1976

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