195 A.D. 805 | N.Y. App. Div. | 1921
Claimant is a pattern maker, and while so engaged in the plant of his .employer at Tuckahoe, Westchester county, N. Y., on February 2, 1918, met with an accident cutting off his fourth finger and badly crushing the bone of the third finger. Employer and employee filed an agreement for compensation at fifteen dollars per week which was approved by the State Industrial Commission and an award made accordingly. The basis of this award was “ twenty-five weeks for loss of use of third finger and fifteen weeks for loss of fourth finger; total, forty weeks, and case closed.” This decision was made after a hearing had April 30, 1918. On June 1, 1920, more than two years after the previous award was .made, and with no record evidence of how the Commission was again set in motion, a physician was called in and said the injury constituted the loss of one-third of the hand. Without delay, brushing aside argument or suggestion, a decision was then and there made, as follows: “ Decision: Modify previous award to read: Eighty-one and one-third weeks at $19.23 for loss of one-third of the hand.” The first award was made under the provisions of section 15, subdivision 3, of the Workmen’s Compensation Law (as amd. by Laws of 1917, chap. 705). The modified award was made under the same section and subdivision. The carrier objects that this cannot be done. The source of power in the Commission for such procedure is found in sections 22 and 74 of the Workmen’s Compensation Law, viz.j when conditions have changed, or in the interest of justice. It is conceded in this record that there is no change in conditions. Under the provisions of section 15 {supra) there is
All concur.
Award modified as per memorandum, and as modified affirmed.