MATTER OF MILAN v. TRICO PRODS. CORP.


53 N.Y.2d 867 (1981)

In the Matter of the Claim of Clarence Milan, Respondent, v. Trico Products Corporation, Appellant. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided May 7, 1981.


Attorney(s) appearing for the Case

Mark W. Hamberger, Marvin H. Mason and Ronald E. Weiss for appellant.

Robert Abrams, Attorney-General (Morris N. Lissauer, Shirley Adelson Siegel and Henriette Frieder of counsel), for Workers' Compensation Board, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to the Appellate Division, Third Department, with directions to remand to the Workers' Compensation Board for further proceedings in accordance with this memorandum.

During the period of claimant's total disability from June 7 to July 7, 1977, Trico Products Corp., a self-insured employer, paid claimant his regular...

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