MATTER OF MUSTO v. TREE


259 A.D.2d 909 (1999)

687 N.Y.S.2d 751

In the Matter of the Claim of JOHN MUSTO, Appellant, v. ASPLUNDH TREE et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 18, 1999.


Yesawich Jr., J.

Claimant (then age 69) was injured in September 1993 when he was struck by a motor vehicle while engaged in his employment as a flag person. The accident, which left claimant various injuries, occurred on his third day of work. Claimant's subsequent application for workers' compensation benefits was granted; however, the amount of his average weekly wage became a matter of dispute due to the brief duration of claimant's employment. The Workers' Compensation...

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