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IN THE MATTER OF CLAIM OF FRANK v. NEW YORK CITY TRANSIT AUTHORITY

23 A.D.3d 804 (2005)

803 N.Y.S.2d 747

In the Matter of the Claim of LOUISE FRANK, as Widow of RICHARD HARVEY FRANK, Deceased, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

November 10, 2005.

Rose, J.

Claimant's decedent sustained injuries at work in March 1991. Although the employer provided workers' compensation benefits for those injuries, a dispute arose when it withheld differential pay mandated by its collective bargaining agreement with decedent's labor union. The testimony in subsequent proceedings established that in addition to unjustifiably withholding the differential pay, the employer embarked on...

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