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MATTER OF WAEHNL v. YANKEE TRADER, INC.

24 A.D.2d 1053 (1965)

In the Matter of the Claim of Annie Waehnl, Respondent, v. Yankee Trader, Inc., et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

December 23, 1965

MEMORANDUM BY THE COURT.

Appellants question only the rate of the award, which was the maximum of $55 applicable at the date of the second accident (Workmen's Compensation Law, § 15, subd. 6, par. [b]; Matter of Zuk v. McGuire Bros., 277 App. Div. 956, mot. for lv. to app. den. 301 N.Y. 817). The wage rate was computed on the basis of claimant's earnings for the year prior to the first accident, as all parties agree that it should have been, appellants...

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