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MATTER OF LASHLEE v. PEPSI-COLA NEWBURGH BOTTLING

301 A.D.2d 879 (2003)

754 N.Y.S.2d 102

In the Matter of the Claim of SAMUEL LASHLEE, Respondent, v. PEPSI-COLA NEWBURGH BOTTLING, Respondent, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 23, 2003.

Cardona, P.J.

The record establishes that claimant was employed by both Pepsi-Cola Newburgh Bottling and Mid-Hudson Limousine Service, Inc. On July 19, 1999, claimant sustained an injury while in the employ of Pepsi-Cola and applied for workers' compensation benefits. In a June 2000 decision, a Workers' Compensation Law Judge (hereinafter WCLJ) established the case for injury to claimant's back and computed his average weekly wage to be $542.80 for Pepsi-Cola and...

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