MATTER OF FERNANDEZ v. ORIOLES


62 A.D.2d 1115 (1978)

In the Matter of the Claim of Lorenzo M. Fernandez, Respondent, v. Baltimore Orioles et al., Appellants, and Rochester Community Baseball, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

April 27, 1978


Claimant was struck on the head by a pitched ball while batting in an International League baseball game in Rochester on August 3, 1969. He was 30 years old at the time. The awards made for reduced earnings from the date of the accident through January 1, 1973 are not challenged. The only question on appeal is whether the $70 weekly awards for calendar year 1973 were properly made. The claimant's pre-accident average weekly wage was fixed by stipulation at $250. In calendar...

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