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MATTER OF SALINAS v. KINDERHOOK DINER

306 A.D.2d 746 (2003)

761 N.Y.S.2d 366

In the Matter of the Claim of MELINDA SALINAS, Appellant, v. KINDERHOOK DINER et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 19, 2003.

Rose, J.

Claimant worked as a waitress for three weeks prior to November 9, 2000 when she slipped on a wet floor and fractured her right hip. She filed a claim for workers' compensation benefits and her case was thereafter established for a work-related injury. Subsequently, a hearing was conducted on the issue of the amount of the average weekly wage attributable to claimant's earnings during her three-week tenure with...

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