Legal Opinion

Claim of Clevely v. Upson Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 10, 1933PublishedCited by 2 opinions

1Opinion of the CourtRhodes, J.

The appeal presents the question of the annual earning capacity of the claimant.

The accident happened September 5, 1931, while claimant was employed as a cutter by the appellant employer, which was engaged in business as a wall board manufacturer.

During the year immediately prior to the accident, claimant worked for said company each week, although most of the time he did not work six days a week. The schedule of wages paid shows that the days of his employment in any one week varied from one to six. The variation in the days of Ms employment was because of slack times, and as a side fine he…

2Cases cited1 opinion

  1. Claim of Remmert v. WeidenmeyerAppellate Division of the Supreme Court of the State of New York · 1932

3Cited by2 opinions

  1. Claim of Abellon v. Nyack HospitalAppellate Division of the Supreme Court of the State of New York · 1993
  2. Marshall v. Oswego County Council Boy Scouts of AmericaAppellate Division of the Supreme Court of the State of New York · 1935

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