Claim of Meisner v. United Parcel Service
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mikoll, J. P.
This appeal presents a novel question with respect to a claimant’s entitlement to a reduced earnings award. Where a part-time employee sustains a compensable injury resulting in á mild permanent partial disability precluding resumption of his previous employment, but not otherwise limiting the number of hours he could work, is he to be denied a reduced earnings award where he obtains part-time employment at a lower hourly rate on the ground that his diminished earning capacity is “self-imposed”? We think not, and reverse the decision of the Workers’…
2Cases cited13 opinions
- MATTER OF GATES v. McBRIDE TRANSP., INC.New York Court of Appeals · 1983
- Dudlo v. PlasticsAppellate Division of the Supreme Court of the State of New York · 1986
- Claim of Pfeffer v. Parkside Caterers, Inc.New York Court of Appeals · 1977
- Matter of Matise v. Munro Waterproofing Co.New York Court of Appeals · 1944
- Claim of Mazziotto v. Brookfield Construction Co.Appellate Division of the Supreme Court of the State of New York · 1972
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Burns v. VarrialeNew York Court of Appeals · 2007
- Claim of Korczyk v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1999
- Burns v. VarrialeAppellate Division of the Supreme Court of the State of New York · 2006
- Claim of Knouse v. MillshoeAppellate Division of the Supreme Court of the State of New York · 1999
- Coyle v. Intermagnetics Corp.Appellate Division of the Supreme Court of the State of New York · 1999
10 more not listed; retrieve them via the Exa API.