Legal Opinion

Claim of Kellish v. Kellish Tire Sales, Inc.

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

Decided November 10, 2004PublishedCited by 4 opinions

1Opinion of the CourtPeters, J.

Appeal from a decision of the Workers’ Compensation Board, filed April 2, 2003, which, inter alia, established claimant’s average weekly wage.

Claimant suffered a work-related injury on December 22, 1999 and applied for workers’ compensation benefits in 2001. Claimant was being trained to take over ownership and management of the employer, which was run by claimant’s father. It is undisputed that claimant worked one day a week, and received $126 and health insurance for that work. Claimant challenged a proposed finding that his average weekly wage was $126, arguing that his average weekly wage…

2Cases cited4 opinions

  1. Claim of Pfeffer v. Parkside Caterers, Inc.New York Court of Appeals · 1977
  2. Claim of Servidio v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2002
  3. Claim of Reasoner v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1985
  4. Pease v. Anchor Motor FreightAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by4 opinions

  1. Claim of Yu Ping Jin v. Chen Dun KaiAppellate Division of the Supreme Court of the State of New York · 2011
  2. Hahn v. Brylin HospitalAppellate Division of the Supreme Court of the State of New York · 2012
  3. Hahn v. Brylin HospitalAppellate Division of the Supreme Court of the State of New York · 2012
  4. Matter of Bain v. New Caps, LLCAppellate Division of the Supreme Court of the State of New York · 2018

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