Claim of Lally v. George F. Driscoll Co.

Rhodes, J. (dissenting).

An award has been made to claimant upon a wage rate computed, not upon the actual earnings of the claimant himself, but upon earnings of other employees in a similar employment working fifty-two weeks of the year.

The Board has evidently accepted the testimony that the earnings of such an employee for one year would be $1,889.50. The actual earnings of the claimant herein for the year previous to the accident were $621.18. It is not claimed that the nature of claimant’s work was seasonal, or that the reasons why claimant did not work substantially the whole of the year…