# Claim of Brown v. Boon & Sullivan

> Appellate Division of the Supreme Court of the State of New York · January 15, 1936 · 246 A.D. 877

URL: https://www.frixlaw.com/law-library/cases/5343676

## Case

- **Full name:** In the Matter of the Claim of Michael Brown, against Boon & Sullivan and Another, State Industrial Board
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 15, 1936
- **Citations:** 246 A.D. 877
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5343676

## Opinion text

This is an appeal by an employer and insurance carrier from an award in claimant’s favor. The only question presented is the correctness of claimant’s wage rate fixed by the Industrial Board. Claimant had not worked substantially the whole of the year prior to his accident. The Industrial Board adopted the earnings of another employee, engaged in a similar employment, who had worked substantially the whole of the year previous to claimant’s accident and made an award under subdivision 2 of section 14 of the Workmen’s Compensation Law. Award affirmed, with one bill of costs to be divided equally between the claimant and the State Industrial Board, and printing disbursements to each. Hill, P. J., McNamee, Crapser and Heffernan, JJ., concur; Rhodes, J., dissents on the authority of Matter of Remmert v. Weidenmeyer ( 262 N. Y. 534 ).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5343676. Public record. Not legal advice.