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IN THE MATTER OF CLAIM OF KELLISH v. KELLISH TIRE SALES, INC.

12 A.D.3d 804 (2004)

784 N.Y.S.2d 238

In the Matter of the Claim of JAMES KELLISH, Appellant, v. KELLISH TIRE SALES, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

November 10, 2004.

Peters, J.

Claimant suffered a work-related injury on December 22, 1999 and applied for workers' compensation benefits in 2001. Claimant was being trained to take over ownership and management of the employer, which was run by claimant's father. It is undisputed that claimant worked one day a week, and received $126 and health insurance for that work. Claimant challenged a proposed finding that his average weekly wage was $126, arguing that his average weekly wage...

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