Claim of Sheeley v. Sheeley Septic Service

In 1994, claimant sustained an injury while working for Sheeley Septic Service and successfully sought workers’ compensation benefits. Claimant later revealed that his injury had caused him to miss work and, in 2005, sought to obtain reduced or lost wage benefits. He also argued that his average weekly wage should factor in his concurrent employment with Thompson Sanitation Corporation. A Workers’ Compensation Law Judge determined that such work did not constitute covered employment for purposes of Workers’ Compensation Law § 14 (6). The Workers’ Compensation Board agreed, and claimant now…