In the Matter of the Claim of Catherine Mullee, Respondent, against Max Berman, Inc., and Another, Appellants. State Industrial Board, Respondent

In the Matter of the Claim of Catherine Mullee, Respondent, against Max Berman, Inc., and Another, Appellants. State Industrial Board, Respondent. [MAJORITY] Deceased, a lumber handler, received injuries from which he died. The only question involved is the fixing of the compensation rate under subdivision 2 of section 14 of the Workmen’s Compensation Law, it being the contention of the appellants that it should have been fixed under subdivision 3 of section 14. The deceased had not worked substantially the whole of the preceding year and the wages of a person working in a similar employment in the same neighborhood was taken as a basis for the award of compensation. The earnings were properly ascertained under subdivision 2 of section 14 and the award should be affirmed. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. , • MeNamee, Crapser, Bliss and Heffernan, JJ.