MATTER OF ROBINSON v. NEW YORK TEL. CO.


60 A.D.2d 709 (1977)

In the Matter of the Claim of Janet Robinson, Respondent, v. New York Telephone Company, Appellant. Workmen's Compensation Board, Respondent

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

December 22, 1977


The board found that the claimant was disabled throughout the period in question and that finding was neither disputed in the appeal to the board nor on this appeal. There is nothing in the record to indicate that the vacation pay was intended to be in lieu of compensation payments either factually or legally. It is well established that a claimant may receive both vacation pay and compensation benefits under such circumstances (Matter of Knaszak v Buffalo Forge Co.

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