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MATTER OF MURRELL v. GREGG CONSTR.

198 A.D.2d 706 (1993)

603 N.Y.S.2d 368

In the Matter of the Claim of Harvey Murrell, Respondent, v. Gregg Construction et al., Appellants. Workers' Compensation Board, Respondent

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

November 18, 1993

In an earlier decision, the Board found that the use of a 52-week division was the proper method for calculating claimant's reduced earnings for the 1987 and 1988 calendar years. The employer and its workers' compensation insurance carrier did not appeal this decision, nor did they object to the use of the same formula to calculate claimant's reduced earnings for the 1989 and 1990 calendar years. Their attempt to argue that the Board inappropriately applied this same method...

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