Fletcher v. Wegmans
Cases that cite this one
4 later published cases cite this decision.
- Hahn v. Brylin Hospital (Appellate Division of the Supreme Court of New York 2012)
- Hahn v. Brylin Hospital (Appellate Division of the Supreme Court of New York 2012)
- Claim of Bran v. Wimbush (Appellate Division of the Supreme Court of New York 2011)
- Claim of Barnard v. John Mezzalingua Associates, Inc. (Appellate Division of the Supreme Court of New York 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a decision of the Workers’ Compensation Board, filed November 29, 2004, which established claimant’s average weekly wage.
Claimant sustained a work-related injury to her right knee in November 2002 and thereafter applied for and was granted workers’ compensation benefits. With limited exceptions, claimant had essentially worked two or three days per week for a total of 122 days during the 52-week period immediately preceding the date of the accident. As such, the Workers’ Compensation Board applied the formula set forth pursuant to Workers’ Compensation Law § 14 (3) in order to calculate claimant’s annual average earnings. The Board then, in accordance with Workers’ Compensation Law § 14 (4), divided the annual average earnings by 52 for the purpose of establishing claimant’s average weekly wage, in this case $398.49 per payroll. The employer now appeals contending that the Board improperly applied the statute and erroneously computed claimant’s average weekly wage. We disagree.
Cardona, P.J., Spain, Carpinello and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.