MATTER OF HERNANDEZ v. TACO BELL, INC.


52 A.D.3d 891 (2008)

859 N.Y.S.2d 281

In the Matter of the Claim of MARIA HERNANDEZ, Respondent, v. TACO BELL, INC., et al., Respondents, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 5, 2008.


Kane, J.

Claimant sustained a work-related injury during the course of her employment with Taco Bell, Inc. (hereinafter the primary employer). Because she was also employed elsewhere at the time, she sought to have her average weekly wage calculated based upon her wages from all concurrent employment (see Workers' Compensation Law § 14 [6]). The Special Disability Fund received several notices that this issue would be addressed at hearings. After participating...

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