Legal Opinion

Claim of Musto v. Asplundh Tree

Appellate Division of the Supreme Court of the State of New York

Decided March 18, 1999PublishedCited by 2 opinions

1Opinion of the CourtYesawich Jr., J.

Appeal from a decision of the Workers’ Compensation Board, filed October 1, 1997, which established claimant’s average weekly wage.

Claimant (then age 69) was injured in September 1993 when he was struck by a motor vehicle while engaged in his employment as a flag person. The accident, which left claimant various injuries, occurred on his third day of work. Claimant’s subsequent application for workers’ compensation benefits was granted; however, the amount of his average weekly wage became a matter of dispute due to the brief duration of claimant’s employment. The Workers’ Compensation Board…

2Cases cited2 opinions

  1. Claim of Altman v. Kazan Import Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  2. Claim of Pfeffer v. Parkside Caterers, Inc.New York Court of Appeals · 1977

3Cited by2 opinions

  1. Claim of Servidio v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2002
  2. Matter of Foster v. FedEx Frgt. Inc.Appellate Division of the Supreme Court of the State of New York · 2020

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