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MATTER OF TANGORA v. VOLUME SERVICES AMERICA

32 A.D.3d 604 (2006)

820 N.Y.S.2d 158

In the Matter of the Claim of JOHN TANGORA, Appellant, v. VOLUME SERVICES AMERICA et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

August 3, 2006.

Cardona, P.J.

Claimant injured his back while working as a manager in charge of food concessions. After he filed a claim for workers' compensation benefits, a question arose regarding whether the calculation of claimant's average weekly wage should include the value of certain temporary housing provided by the employer during horse racing meets. Following the testimony of claimant and the employer's vice-president of operations, a Workers' Compensation Law Judge found...

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