Legal Opinion

Romero v. Albany Medical Center Hospital

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

Decided June 25, 1992PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed April 16, 1991, which, inter alia, ruled that claimant’s wage expectancy should be calculated on a physician’s earnings.

We reject the employer’s contention that the Workers’ Compensation Board erred in considering claimant’s potential earnings as a physician instead of as a part-time nursing aide. Given that claimant was under 25 at the time of her injury, the Board, in arriving at her average weekly wages, could consider the fact that her wages would be expected to increase (see, Workers’ Compensation Law § 14 [5]). The general…

2Cases cited3 opinions

  1. Lamiano v. J.R. Sousa & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  2. Claim of Donnelly v. Buffalo Evening News, Inc.Appellate Division of the Supreme Court of the State of New York · 1958
  3. Claim of Cullen v. Woolworth Co.Appellate Division of the Supreme Court of the State of New York · 1981

3Cited by3 opinions

  1. Claim of Williams v. Key Service Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  2. Claim of Prior v. Wegmans Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Claim of Maw v. Wal-MartAppellate Division of the Supreme Court of the State of New York · 2011

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