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