MATTER OF BURKE v. VERIZON SERVICES GROUP

511555.

87 A.D.3d 1237 (2011)

929 N.Y.S.2d 646

2011 NY Slip Op 6613

In the Matter of the Claim of KEVIN F. BURKE, Appellant, v. VERIZON SERVICES GROUP et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided September 29, 2011.


MALONE Jr., J.

Claimant suffered an injury at work on May 5, 2009 and applied for workers' compensation benefits. Prior to any award of benefits, the employer's workers' compensation carrier began making payments to claimant in the amount of $550 per week. In addition, as part of its benefit plan, the employer began paying claimant wages in lieu of workers' compensation benefits so that claimant was receiving his full salary. In October 2009, the employer requested...

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