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IN THE MATTER OF FLETCHER v. WEGMANS

24 A.D.3d 1015 (2005)

805 N.Y.S.2d 494

In the Matter of the Claim of ELIZABETH FLETCHER, Respondent, v. WEGMANS et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

December 15, 2005.

MERCURE, J.

Claimant sustained a work-related injury to her right knee in November 2002 and thereafter applied for and was granted workers' compensation benefits. With limited exceptions, claimant had essentially worked two or three days per week for a total of 122 days during the 52-week period immediately preceding the date of the accident. As such, the Workers' Compensation Board applied the formula set forth pursuant to Workers' Compensation Law § 14 (3)...

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