MATTER OF KIRSCHENBAUM v. RELIABLE PLASTICS CORP.


39 A.D.2d 621 (1972)

In the Matter of the Claim of Hyman Kirschenbaum, Appellant, v. Reliable Plastics Corp. et al., Respondents. Workmen's Compensation Board, Respondent

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

April 27, 1972


The board affirmed the Referee's finding of no compensable lost time, determining that appellant's income from corporate respondent was salary for services performed. This amount exceeds a sum represented by the established average weekly wage. There is substantial evidence to support this determination and to reject appellant's contention that a portion of this income represented profits and not earnings (Workmen's Compensation Law, § 15, subd. 5-a). Matter of Roberge...

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