Legal Opinion

Johnson v. Lexington Center

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

Decided March 18, 2004PublishedCited by 2 opinions

1Opinion of the Court

*8OPINION OF THE COURT

Kane, J.

In 1991, claimant injured his back in the course of his employment. He was 20 years old. After he filed a claim for workers’ compensation benefits, a Workers’ Compensation Law Judge (hereinafter WCLJ) established accident, notice and causal relationship, then set the initial average weekly wage at $256.85 subject to a wage expectancy adjustment, pursuant to Workers’ Compensation Law § 14 (5). Subsequently, the WCLJ classified claimant as having a permanent partial disability and, using the future wage expectancy adjustment, increased his average weekly wage to…

2Cases cited3 opinions

  1. Claim of Koutsakos v. LarsonAppellate Division of the Supreme Court of the State of New York · 1966
  2. Claim of Zypitz v. St. Francis HospitalAppellate Division of the Supreme Court of the State of New York · 1930
  3. Claim of Bruzzese v. Guardsman Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by2 opinions

  1. Claim of Mathis v. Clean BriteAppellate Division of the Supreme Court of the State of New York · 2004
  2. Claim of Maw v. Wal-MartAppellate Division of the Supreme Court of the State of New York · 2011

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