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MATTER OF MARCHESE v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

293 A.D.2d 920 (2002)

741 N.Y.S.2d 306

In the Matter of the Claim of WAYNE MARCHESE, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 25, 2002.

Mugglin, J.

Claimant sustained a work-related accident in October 1997 and, despite being out of work, continued to receive full wages from his employer. After claimant's employment was terminated in December 1998, the employer's workers' compensation carrier began paying workers' compensation benefits to claimant, initially at a total disability rate and later at a moderate partial disability rate. Following a hearing in February 2000, claimant was awarded benefits...

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