MATTER OF PRIOR v. WEGMANS FOOD MKTS., INC.


246 A.D.2d 951 (1998)

667 N.Y.S.2d 852

In the Matter of the Claim of Andrew Prior, Respondent, v. Wegmans Food Markets, Inc. et al., Appellants. Workers' Compensation Board, Respondent

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

January 29, 1998


Mercure, J. P.

When claimant was a high school student in 1991, he suffered a back injury which the parties concede was causally related to his part-time employment as a sales clerk. Claimant received workers' compensation benefits based upon his actual weekly part-time earnings until his employer terminated benefits on the ground that he voluntarily withdrew from the labor market by enrolling as a full-time college student. After claimant was found to...

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