Claim of Bran v. Wimbush

Claimant was injured when he fell off a ladder while performing sheetrocking work for the employer. When this matter was previously before us, we modified a determination of the Workers’ Compensation Board by reversing that portion that calculated claimant’s average weekly wage at $620 (Matter of Bran v Wimbish, 73 AD3d 1378 [2010]). Upon remittal, the Board recalculated claimant’s average weekly wage at $500. The employer now appeals.

We affirm. On appeal, the employer asserts that claimant is an undocumented worker who is not legally entitled to earn any wages and, therefore, no average…