Gillespie v. McClintic-Marshall Co.
215 A.D. 734
N.Y. App. Div.1925Check TreatmentAward reversed and matter remitted, with costs against the State Industrial Board to abide the event, on the ground that the average weekly wage of the claimant at the time of the accident was not correctly determined, and upon the further ground that the claimant, having since the accident refused work with the appellant at a higher wage than he has been receiving for the reason that the appellant does not employ union labor, cannot have his present earning capacity valued upon a lower basis.