MATTER OF ROMERO v. ALBANY MED. CTR. HOSP.


184 A.D.2d 971 (1992)

In the Matter of the Claim of Jenny Romero, Respondent, v. Albany Medical Center Hospital et al., Appellants. Workers' Compensation Board, Respondent

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

June 25, 1992


We reject the employer's contention that the Workers' Compensation Board erred in considering claimant's potential earnings as a physician instead of as a part-time nursing aide. Given that claimant was under 25 at the time of her injury, the Board, in arriving at her average weekly wages, could consider the fact that her wages would be expected to increase (see, Workers' Compensation Law § 14 [5]). The general rule, that a finding of wage expectancy must be limited...

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