Wingard

An award was made in petitioner’s favor under an application to respondent Accident Commission for an allowance of compensation under the Workmen’s Compensation, Insurance and Safety Act because of injuries received by petitioner on April 16, 1921, and while working as an employee of respondent Shipbuilding and Drydock Company, hereinafter referred to as the employer. Petitioner by the present proceeding asks us to review the action of the Accident Commission on the ground that the compensation allowed by the award was less than petitioner should have received under the law.

One of the contentions of petitioner is that a certain weekly benefit allowed by the award was computed upon an improper basis. For a long time petitioner had been in the service of the employer as a riveter at a daily wage of six dollars and forty cents. This employment was interrupted by an illness which was suffered by petitioner and which kept him away from the plant of the employer for a week. On the Monday following this absence he appeared at the place, but asked, on the ground that his strength was not fully restored, that he be put to work temporarily as a rivet passer, that employment paying a daily…