Claim of Adams v. Boorum & Pease Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Boorum & Pease Company and another, from two awards of the State Industrial Commission, entered in the New York city office of said Commission on the 23d day of January, 1917, and the 1st day of March, 1917, respectively, in connection with which the Commission certifies the following questions: “ (1) Should the compensation in this case be based on the average daily wage or salary of other employees of the same class as claimant, engaged in similar…
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Appeal by the defendants, Boorum & Pease Company and another, from two awards of the State Industrial Commission, entered in the New York city office of said Commission on the 23d day of January, 1917, and the 1st day of March, 1917, respectively, in connection with which the Commission certifies the following questions: “ (1) Should the compensation in this case be based on the average daily wage or salary of other employees of the same class as claimant, engaged in similar or substantially the same employment by the Boorum & Pease Co. during the year preceding the accident to the employee…
1Opinion of the Court
Kellogg, P. J.:
The claimant, who was injured on January 22, 1916, lost three fingers of the right hand, and the index finger remaining *414is permanently ankylosed. The thumb is in normal condition. The palm is not seriously affected aside from the loss of the fingers. It is evident that the claimant has some use of the hand, and within Matter of Grammici v. Zinn (219 N. Y. 322); Matter of Kanzar v. Acorn Mfg. Co. (Id. 326); Matter of Boscarino v. Carfagno & Dragonette (220 id. 323), and Carkey v. Island Payer Co. (177 App. Div. 73; 163 N. Y. Supp. 710), the award granting compensation for the…
2Cases cited2 opinions
- Matter of Grammici v. . ZinnNew York Court of Appeals · 1916
- Claim of Carkey v. Island Paper Co.Appellate Division of the Supreme Court of the State of New York · 1917
3Cited by4 opinions
- North Beck Mining Co. v. Industrial Comm. of UtahUtah Supreme Court · 1921
- Claim of Birch v. BuddAppellate Division of the Supreme Court of the State of New York · 1939
- Planters Gin Co. v. McCurleySupreme Court of Oklahoma · 1932
- Millers' Indemnity Underwriters v. HuffakerCourt of Appeals of Texas · 1922