From Casetext: Smarter Legal Research

Matter of Marra v. Suspension Bridge Bottling Co.

Appellate Division of the Supreme Court of New York, Third Department
Sep 1, 1928
224 App. Div. 792 (N.Y. App. Div. 1928)

Opinion

September, 1928.

Appeal from State Industrial Board.


There is no evidence supporting the finding that during the period of this award the claimant was "totally and permanently disabled." On the contrary, there is substantial evidence that he had earning capacity. One previous award has been made fixing his earning capacity at fifteen dollars per week and another fixing it at fifty per cent, namely, eighteen dollars per week. There is no evidence that his earning capacity was less during the period of this award than during the period of the two previous awards in which his earning capacity was recognized. Van Kirk, P.J., Hinman, Whitmyer, Hill and Hasbrouck, JJ., concur. Award reversed and claim remitted, with costs against the State Industrial Board to abide the event.


Summaries of

Matter of Marra v. Suspension Bridge Bottling Co.

Appellate Division of the Supreme Court of New York, Third Department
Sep 1, 1928
224 App. Div. 792 (N.Y. App. Div. 1928)
Case details for

Matter of Marra v. Suspension Bridge Bottling Co.

Case Details

Full title:In the Matter of the Claim of JOSEPH MARRA, Respondent, against SUSPENSION…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 1, 1928

Citations

224 App. Div. 792 (N.Y. App. Div. 1928)