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MATTER OF JOYCE v. UNITED FOOD & COMMERCIAL WORKERS LOCAL 342-50

307 A.D.2d 552 (2003)

763 N.Y.S.2d 681

In the Matter of the Claim of GEORGE JOYCE, Appellant, v. UNITED FOOD & COMMERCIAL WORKERS LOCAL 342-50 et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided July 17, 2003.

Kane, J.

Claimant, a former union representative, was diagnosed with, among other things, an explosive personality disorder. He filed for workers' compensation benefits and his claim was established as a total disability for a work-related stress disorder. His average weekly wage was determined based on the employer's submissions. In time, the workers' compensation carrier contended that claimant no longer suffered from

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