Flannery v. Joseph

In our opinion it was within the discretion of the comptroller to consider whether maintenance men employed in buildings occupied by transportation companies ran greater risks of injury than those in the petitioners’ employment and to determine that the work was not comparable. We likewise think that it was within his discretionary power to take into consideration . whether employment as maintenance men in private residential buildings was comparable to the employment of the petitioners.

We disagree with the dissenting opinion concerning the necessity for the comptroller to consider the…