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MATTER OF D'ANDREA v. BERGER DRESS CO.

9 A.D.2d 573 (1959)

In the Matter of the Claim of Concetta D'Andrea, Appellant, v. Berger Dress Co. et al., Respondents. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 13, 1959

The issue is as to the method of computation of claimant's weekly benefit rate and arises upon claimant's contention that regulation 109 promulgated by the chairman of the Workmen's Compensation Board is in conflict with subdivision 12 of section 201 of the Workmen's Compensation Law and hence invalid. The statute provides, subject to certain limitations not relevant to this decision, for payment to a disabled employee of a weekly...

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