MATTER OF WILLIAMS v. LUTHERAN HOME FOR THE AGED


35 A.D.2d 617 (1970)

In the Matter of the Claim of Barbara Williams, Respondent, v. Lutheran Home for the Aged et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 8, 1970


AULISI, J.

While employed as a nurse's aide, claimant sustained injury to her back. The employer's statement of wage earnings filed with the board indicated claimant had worked for 16 weeks prior to the accident, averaging approximately three days per week, for which she was paid a total of $544.50. The subdivision [3] that the board applied provides that if subdivisions 1 and 2 are inapplicable, the average annual earnings of the employee "shall be such...

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