Legal Opinion

Claim of Barnard v. John Mezzalingua Associates, Inc.

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

Decided January 11, 2007PublishedCited by 2 opinions

1Opinion of the Court

Mercure, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed October 6, 2005, which, inter alia, established claimant’s average weekly wage.

Claimant sustained work-related injuries to both of her hands and applied for workers’ compensation benefits in 2004. After a hearing, during which occupational disease, notice and causal relationship were established, a Workers’ Compensation Law Judge determined, using a multiple of 260 (see Workers’ Compensation Law § 14), that claimant’s average weekly wage was $447.10. The employer sought review of that determination before the…

2Cases cited5 opinions

  1. Claim of Servidio v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2002
  2. Claim of Reasoner v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1985
  3. Fletcher v. WegmansAppellate Division of the Supreme Court of the State of New York · 2005
  4. Pease v. Anchor Motor FreightAppellate Division of the Supreme Court of the State of New York · 1990
  5. Till v. Chautauqua Opportunities, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by2 opinions

  1. Matter of Bain v. New Caps, LLCAppellate Division of the Supreme Court of the State of New York · 2018
  2. Matter of Molina v. Icon Parking LLCAppellate Division of the Supreme Court of the State of New York · 2019

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