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MATTER OF MARLIN v. Y & N CAB CORP.

17 A.D.2d 876 (1962)

In the Matter of the Claim of Martin Marlin, Respondent, v. Y & N Cab Corporation et al., Appellants. Workmen's Compensation Board, Respondent

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

October 31, 1962

This is clearly a case of dual and dissimilar employment. Claimant worked five days per week as a school teacher, and part time, usually week ends, as a cab driver. In the latter employment he was injured. The board has followed the authorized method (Workmen's Compensation Law, § 14, subd. 3) in determining the average weekly wage. That the board might do so, on the undisputed facts in this case, is not an open question in this court. (Matter of Stallone v. Liebmann...

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