Legal Opinion

Claim of Geroux v. McClintic-Marshall Co.

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

Decided March 20, 1929PublishedCited by 2 opinions

1Per curiam

There is no valid support in the record for the wage rate found by the Board. The claimant, a structural steel worker, had not worked in this structural steel employment, either for the same employer or another, during substantially the whole of the year immediately preceding his injury and his average weekly wages could not be determined under subdivision 1 of section 14 of the Workmen’s Compensation Law. The Board has adopted the measure of subdivision 2 of that section, but there is no proof that the employer’s work or similar employment was being carried on substantially the whole year,…

2Cases cited2 opinions

  1. Claim of Littler v. George A. Fuller Co.New York Court of Appeals · 1918
  2. McDonald v. Burden Iron Co.Appellate Division of the Supreme Court of the State of New York · 1923

3Cited by2 opinions

  1. Till v. Chautauqua Opportunities, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Claim of Mrs. M. B. v. Rosoff Sand & Gravel Corp.Appellate Division of the Supreme Court of the State of New York · 1929

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