Claim of Lashlee v. Pepsi-Cola Newburgh Bottling
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Appeal from a decision of the Workers’ Compensation Board, filed January 11, 2001, which ruled that claimant had concurrent employment with Robert H. Auchmoody Funeral Homes, Inc.
The record establishes that claimant was employed by both Pepsi-Cola Newburgh Bottling and Mid-Hudson Limousine Service, Inc. On July 19, 1999, claimant sustained an injury while in the employ of Pepsi-Cola and applied for workers’ compensation benefits. In a June 2000 decision, a Workers’ Compensation Law Judge (hereinafter WCLJ) established the case for injury to claimant’s back and computed his average weekly wage…
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