MATTER OF SEPULVEDA v. FISCHL BROS. BUTTON CO.


38 A.D.2d 983 (1972)

In the Matter of the Claim of Mario Sepulveda, Appellant, v. Fischl Bros. Button Co. et al., Respondents. Workmen's Compensation Board, Respondent

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

March 1, 1972


Claimant suffered a compensable injury on January 17, 1957 and was awarded benefits of $21.18 per week by decision dated June 19, 1961. Thereafter, he performed odd jobs for his parish church and received payments characterized as charity. On July 9, 1965 the case was reopened to determine whether such payments were earnings that warranted a substantial adjustment in rate. After a hearing, the Referee determined that the payments received by claimant were charity and the...

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