MATTER OF CALISE v. HILLSIDE CARTING, INC.


38 A.D.3d 968 (2007)

832 N.Y.S.2d 107

In the Matter of the Claim of JOSEPH CALISE, Respondent, v. HILLSIDE CARTING, INC., et al., Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 1, 2007.


Carpinello, J.

In 1994, while working as a sanitation worker, claimant suffered compensable injuries and was subsequently classified as permanently partially disabled. His average weekly wage was established at $1,150 and the employer's workers' compensation carrier, the State Insurance Fund (hereinafter SIF), was directed to pay him a reduced earnings award of $400 per week. In 2002, however, SIF discovered that claimant was the principal of a successful corporation...

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