MATTER OF SHEELEY v. SHEELEY SEPTIC SERVICE

506238

69 A.D.3d 1246 (2010)

893 N.Y.S.2d 701

2010 NY Slip Op 601

In the Matter of the Claim of DENNIS SHEELEY, Appellant, v. SHEELEY SEPTIC SERVICE et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 28, 2010.


Garry, J.

In 1994, claimant sustained an injury while working for Sheeley Septic Service and successfully sought workers' compensation benefits. Claimant later revealed that his injury had caused him to miss work and, in 2005, sought to obtain reduced or lost wage benefits. He also argued that his average weekly wage should factor in his concurrent employment with Thompson Sanitation Corporation. A Workers' Compensation Law Judge determined that such work did not...

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