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In the Matter of the Claim of Fred Freeland, against Endicott Forging & Mfg. Co., Inc., and Another, State Industrial Board
Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that the award is for permanent partial disability under subdivision 3-u of section 15 of the Workmen’s Compensation Law, due to multiple injuries, and the Board has failed to rescind a schedule award previously paid and has failed to allow credit for earning capacity from the date of the accident as required by the authorities.
(See Matter of Carolan v. Hoe & Co., 225 App. Div. 393; Pinski v. Superior Fireproof Door & Sash Co., 209 id. 305; Matter of Schaefer v. Buffalo Steel Car Co., 250 N. Y. 507.) Hinman, Acting P. J., Davis, Whitmyer, Hill and Hasbrouck, JJ., concur.