 Appeal from an award of death benefits, made to a widow and two minor children, and based upon average annual earnings of $1,800, ascertained pursuant to section 14, subdivision 2, of the Workmen’s Compensation Law. The average weekly rate was computed at $34.62. The question of rate is the only issue on appeal. The record indicates that decedent was employed as a roofer. He did not work substantially the whole of the year immediately preceding the injury but he was *829not engaged in a seasonal employment. A few months prior to his injury he was promoted to the position of foreman. Men employed in that capacity and doing similar work in the vicinity earned $1,800 or more a year, although they received a higher hourly wage than decedent. This variance is not a bar to the award as made. (Matter of Aronstein v. Trojan Hat Co., Inc., 245 App. Div. 151.) Moreover, as a foreman decedent’s average weekly earnings amounted to $32.68. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Bliss, Heffernan, Schenck and Foster, JJ. 
Claim of Price v. Bison Roofing & Sheet Metal Corp.
In the Matter of the Claim of Lorraine Price, against Bison Roofing & Sheet Metal Corp. and Lumber Mutual Casualty Insurance Company of New York, State Industrial Board
Appellate Division of the Supreme Court of New York
Appellate Division of the Supreme Court of the State of New York