Claim of Dalberth v. Iuppa & Battle Co. , 237 A.D. 861 ( 1932 )

— Award affirmed, with costs to the State Industrial Board, the constitutional question presented having been considered and passed upon. Van Kirk, P. J., Hinman, Hill and Rhodes, JJ., concur; Crapser, J., dissents on the ground that the question of the amount of claimant’s compensation should be based upon his capacity to earn and not upon his actual wages, and that section 15, subdivision 5-a, of Workmen’s Compensation Law, in so far as it limits the Board’s authority, is unconstitutional.