Claim of Reasoner v. New York State Department of Motor Vehicles
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Weiss, J.
The sole issue on appeal is whether the Board properly fixed claimant’s average weekly wage. The employer and its carrier contend that claimant’s employment as a MVRSAB member *963was so limited that his compensation rate should be based on actual earnings, not the 200 multiple set forth in Workers’ Compensation Law § 14 (3) (see, Matter of Jacob v Town of Glenville, 43 AD2d 409; Matter of Derion v Gilford Mfg. Co., 282 App Div 788). The record shows that claimant was expected to attend an average of two or three meetings per year. Here, the Board could readily determine that neither…
2Cases cited8 opinions
- Claim of Derion v. Gilford Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1953
- Matter of Stallone v. BreweriesNew York Court of Appeals · 1961
- Claim of Jacob v. Town of GlenvilleAppellate Division of the Supreme Court of the State of New York · 1974
- Claim of Stallone v. Liebmann BreweriesAppellate Division of the Supreme Court of the State of New York · 1960
- Claim of Gurewicz v. 107 N. Fifth St. Corp.Appellate Division of the Supreme Court of the State of New York · 1975
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Claim of Servidio v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2002
- Claim of Kellish v. Kellish Tire Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Fletcher v. WegmansAppellate Division of the Supreme Court of the State of New York · 2005
- Pease v. Anchor Motor FreightAppellate Division of the Supreme Court of the State of New York · 1990
- Claim of Barnard v. John Mezzalingua Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
3 more not listed; retrieve them via the Exa API.