MATTER OF CARROLL v. FAGAN, INC.

510013.

82 A.D.3d 1463 (2011)

919 N.Y.S.2d 235

In the Matter of the Claim of ARTHUR C. CARROLL, Appellant, v. FAGAN, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 24, 2011.


ROSE, J.

Claimant was hired by the employer to perform welding work at a single construction project. As the work site was a substantial distance from claimant's permanent residence, the employer provided a per diem for living expenses in addition to his hourly wages. Claimant thereafter obtained lodging near the site, was injured while commuting to work, and applied for workers' compensation benefits. A workers' compensation law judge awarded those benefits following...

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