# Claim of Wood v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · January 13, 1943 · 265 A.D. 430

URL: https://www.frixlaw.com/law-library/cases/5373241

## Case

- **Full name:** In the Matter of the Claim of Jonathan Wood, against Board of Education of the City of New Rochelle, State Industrial Board
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 13, 1943
- **Citations:** 265 A.D. 430; 39 N.Y.S.2d 357; 1943 N.Y. App. Div. LEXIS 6317
- **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/5373241

## Opinion text

Per Curiam.
Appeal by a claimant from an award of $8 a week for partial disability, on the ground that it is inadequate. Claimant was employed as a chauffeur by the Board of Education and had civil service status. He was injured on September 30, 1936, and has been the recipient of several awards, some for partial, others for total, disability.
This appeal involves the period from May 6, 1939, to July 1, 1939, and from August 1, 1939, to December 3, 1940, and is for the minimum of $8 a week. During that period claimant has worked only for his former employer. His pay has been at the rate which he received prior to his injury, hut his disability has been such that he could only perform light tasks. It is not questioned that he suffers partial disability, nor is it asserted that he has refused any work offered. The Board *431 found, with evidence to sustain it, that his weekly wage prior to his injury was such as to entitle him to a compensation rate of $21.59 for total disability. The proof of actual earnings is limited to the period between May 1,1939, and April 30,1940. His earnings in the light employment for the month of July were such that no award was made, and excluding that month, the payment for the above period has averaged $7.86 a week. Having in mind the provisions of subdivision 5-a of section 15 of the Workmen’s Compensation Law that wage earning capacity of an injured employee is, under the conditions here present, to be determined by actual earnings, the $8 a week minimum award is inadequate.
The award should be reversed, with costs to the appellant against the State Industrial Board, and the matter remitted for the making of an adequate award.
Award reversed with costs to the appellant against the State Industrial Board, and the matter remitted for the making of an adequate award.
All concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5373241. Public record. Not legal advice.