MATTER OF MEISNER v. UPS


243 A.D.2d 128 (1998)

675 N.Y.S.2d 164

In the Matter of the Claim of Thomas Meisner, Appellant, v. United Parcel Service et al., Respondents. Workers' Compensation Board, Respondent

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

June 18, 1998


Attorney(s) appearing for the Case

Sullivan Cunningham Keenan Mraz & Lemire, Albany (John M. Oliver of counsel), for appellant.

Walsh & Hacker, Albany (Peter J. Walsh of counsel), for Liberty Mutual Insurance Company, respondent.

MERCURE, WHITE, SPAIN and CARPINELLO, JJ., concur.


MIKOLL, J. P.

This appeal presents a novel question with respect to a claimant's entitlement to a reduced earnings award. Where a part-time employee sustains a compensable injury resulting in a mild permanent partial disability precluding resumption of his previous employment, but not otherwise limiting the number of hours he could work, is he to be denied a reduced earnings award where he obtains part-time...

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