Burg v. Henry P. Burgard Co.

An award has been made to the claimant for the period covering November 11, 1922, to April 30, 1923, at the rate of five dollars and forty-six *838cents per week on account of reduced earnings. The only fair inference from the testimony is that the employer’s work was seasonal in character and was discontinued on November 11, 1922. The average weekly wages of claimant . should have been determined under subdivision 3 of section 14 of the Workmen’s Compensation Law. No proper foundation was laid for fixing a wage-earning capacity. There is no proof that the claimant was prevented from working…