MATTER OF SMITH


253 A.D.2d 961 (1998)

678 N.Y.S.2d 410

In the Matter of the Claim of Mark T. Smith, Appellant. Commissioner of Labor, Respondent

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

September 17, 1998


Due to an injury, claimant was placed on light-duty work for six months at the same rate of pay he had been receiving as a saw operator. When claimant could not tell the employer when he would be able to return to regular duty, the employer informed him that he could continue his employment at a prevailing wage consistent with the type of light-duty work he was performing, which was $2.75 per hour less than he had previously earned on regular duty, or be laid off. Claimant...

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