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MTR. OF DOVI v. GRAND UNION

64 A.D.2d 343 (1978)

In the Matter of the Claim of John C. Dovi, Respondent, v. Grand Union Company et al., Appellants. Workers' Compensation Board, Respondent

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

November 9, 1978

Attorney(s) appearing for the Case

McDonough, Digby & Connelly (Charles M. Connelly of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Henriette Frieder and Daniel Polansky of counsel), for Workers' Compensation Board, respondent.

GREENBLOTT, J. P., MAIN, LARKIN and MIKOLL, JJ., concur.

HERLIHY, J.

The appeal involves the question as to whether the board erred in limiting the carrier's credit for overpayment to the claimant to one half the value of the continuing award.

It was agreed by all of the parties that between January 1, 1966 and September 30, 1974, while the claimant was working, he was overpaid reduced earnings in the amount of $14,000. To adjust for these overpayments the...

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