MATTER OF CONKLIN v. CITY OF NEWBURGH


205 A.D.2d 841 (1994)

613 N.Y.S.2d 287

In the Matter of the Claim of Katherine Conklin, as Administratrix of The Estate of Edward Conklin, Deceased, Appellant, v. City of Newburgh, Respondent. Workers' Compensation Board, Respondent

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

June 9, 1994


Weiss, J.

Claimant, a probationary laborer, was injured while working on September 6, 1988, his third day of employment with the City of Newburgh. He continued to receive full pay each week from the City. In response to frequent inquiries by the City when he picked up his paycheck, claimant stated he would return to work when authorized by his doctor. Claimant was terminated from his employment on January 11, 1989. On

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