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MATTER OF SMITH v. CASEY

23 A.D.2d 923 (1965)

In the Matter of the Claim of Gladys Smith, Respondent, v. John J. Casey, Doing Business as Colonial Arms Hotel, et al., Appellants. Workmen's Compensation Board, Respondent

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

May 6, 1965

REYNOLDS, J.

The sole issue raised on this appeal is the method of computing claimant's average weekly wage under section 14. Subdivision 1 of section 14 prescribes that where an employee was employed "substantially the whole of the year immediately preceding his injury" his "average annual earnings" are, for a six-day worker, 300 times his average daily wage. This figure is in turn under subdivision 4 divided...

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