Appeal from a decision of the Workmen's Compensation Board, filed March 3, 1969, which denied appellant's application for reconsideration of a decision of the board which found that claimant, as the result of a May 1, 1961 accident, had a causally related mild permanent partial disability and a 75% earning capacity, affirmed a Referee's decision awarding $14.53 reduced earnings, directed the payments continue and closed the case. The reopening of a case such as this lies in the discretion of the board and is not reviewable unless the denial thereof is arbitrary and capricious ( Matter of Miller v. Victoria Bondholders Corp., 24 A.D.2d 1064). The facts supporting the original award sustain the refusal to reconsider. It was stipulated that claimant's average weekly wage at the time of the accident was $58.10. On July 30, 1965 claimant testified he was getting social security and limiting his wages to $1,200 a year. On September 29, 1965 he swore that he was retiring and on November 1, 1965 he related that he was earning $64 a week, which was more than he made before. A physician testified on December 13, 1965 that the hernia which claimant sustained was completely well healed and that no disability remained from the accident. The minimum rate prescribed by subdivision 6 of section 15 Work. Comp. of the Workmen's Compensation Law is subject to the exception that in no event shall compensation when combined with earning capacity exceed the amount of wages being received at the time of the injury ( Matter of Jagodzinski v. Cream Provision Co., 22 A.D.2d 835). Decision affirmed, without costs. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.