Special Bulletins - State of New York, Department of Labor Volume 110-115
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...deducted six weeks and affirmed the award as so modified: Christiano v. Edwards d2 Son, Case No. 696476; 202 App. Div. 862. In Raina v. Standard Gas Light Co., 193 App. Div. 54, and Kress v. Sage F. H. Co., Case No. 1941118; 202 App. Div. 862, July 6, 1922, appellants charged that claimants were malingerers; the Appellate Division aifirmed the Raina. award with opinion which appears in Bulletin 106, page 224. It afiirmed the Kress award without opinion, two justices dissenting. In the following cases, afiirmed by the Appellate Division unanimously and without opinion, appellants charged that the award period extended beyond the termination of temporary total disability: Kowalski v. La Cour Iron Works, 193 App. Div. 919; Dencheck v. Rail Joint Co., 198 App. Div. 960; Hannen v. Lord Construction Co., 26 S. D. R. 188; 200 App. Div. 848; Conway V. Brooklyn City R. R. Co., 27 S. D. R. 305; 202 App. Div. 773; and Arbu v. Garrison, 27 S. D. R. 302; 202 App. Div. 862. B. PARTIAL DISABILITY A compensation case falls within the partial disability class if the injured employee can earn or get some wage but not as large a wage as he would probably have gotten had he not incurred injury. From the outset of experience under Workmen's Compensation Law, 15, subd. 3, the Commission has proceeded upon the theory that an employee hampered by loss of a limb or an eye or part of a. limb or an eye may earn whatever wages he can in addition to and while receiving the schedule payments of twothirds of the wages he was receiving at his time of injury, even though such new wages equal or exceed the old. The Commission has based this theory upon the argument that in the long run of the rest of his life, including a probable period after the limited...
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