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MATTER OF LATTIN v. A. C. LAMB & SONS

53 A.D.2d 719 (1976)

In the Matter of the Claim of Donald Lattin, Appellant, v. A. C. Lamb & Sons et al., Respondents. Workmen's Compensation Board, Respondent

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

June 3, 1976

The sole issue raised on this appeal is the proper computation of benefits awarded claimant for partial disability for the periods from January 16, 1970 to April 6, 1970 and July 12, 1971 to February 3, 1973. Claimant was injured on April 16, 1969. He claims that because his post-injury wages varied from week to week that his actual post-injury wages should be averaged over reasonable periods to determine his decrease of earning capacity. Claimant contends that Matter...

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