Belliamo v. Marlin-Rockwell Corp.

Although the claimant worked substantially the whole of the preceding year, during sixteen weeks thereof he worked but five days per week and during fifteen other weeks but four days per week. Subdivision 1 or 2 of ¿ *846section 14 of the Workmen’s Compensation Law cannot reasonably or fairly be applied. The average weekly wage should be computed under subdivision 3. (Prentice v. New York Stale Railways, 181 App. Div. 144; Limone v. Atlas Can Co., 202 id. 862.) There is not in the record proof of the previous earnings of other employees of the same class in the same or most similar employment,…