Pinski v. Superior Fireproof Door & Sash Co.

Cochrane, P. J.:

One award has been superimposed upon another contrary to the spirit of the statute. The award for fifteen per cent of the use of the arm is based on subdivisions 3a, 3r and 3s of section 15 of the Workmen’s Compensation Law. Those subdivisions provide a definite, fixed and scheduled compensation for' loss or proportionate loss of a member or of the use thereof. Such compensation is determined by the statute with reference to a certain “ number of weeks ” according to the particular injury sustained. For loss of an arm or of the use thereof such “ number of weeks ” is 312,…