MATTER OF UTICA MUT. INS. CO.


88 A.D.2d 680 (1982)

In the Matter of the Arbitration between Utica Mutual Insurance Company, Appellant, and Eugene Bernino, Respondent

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

May 6, 1982


Respondent Bernino, petitioner's insured, was injured October 1, 1979, and filed for no-fault benefits. Petitioner calculated his lost wage benefit according to respondent's 1978 income tax return and commenced monthly payments of $493.69. Respondent's application for increased wage benefits, based on the fact that shortly before he was injured he had accepted a job offer which would result in substantially greater income than he earned in 1978, was denied and the dispute...

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