MATTER OF BERSON v. JULEWYN DRESSES, INC.


21 A.D.2d 972 (1964)

In the Matter of the Claim of Evelyn Berson, Respondent, v. Julewyn Dresses, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

September 18, 1964


Claimant was employed by the employer herein on October 14, 1960. She worked only that one day, however, and then became disabled. During the eight-week period immediately prior to her disablement, claimant had worked but one other day and thus her total earnings for such period were only $14.10. The carrier utilizing this figure paid claimant $7.05 a week for 26 weeks. The Referee agreed with the carrier's position, but the board, utilizing claimant's earnings not only in...

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