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MATTER OF GROTH v. DAIMLER CHRYSLER CORPORATION

41 A.D.3d 1021 (2007)

839 N.Y.S.2d 266

In the Matter of the Claim of JEFFREY GROTH, Appellant, v. DAIMLER CHRYSLER CORPORATION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 14, 2007.

Kane, J.

Claimant suffered a work-related injury in April 2002. Pursuant to a union contract, the employer continued paying claimant his wages, a portion of which would equal workers' compensation benefits and the remainder "top off" benefits from its sickness and accident (hereinafter S & A) benefits plan. Following a hearing, in January 2003 a Workers' Compensation Law Judge (hereinafter WCLJ) awarded claimant temporary...

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