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MATTER OF BRAN v. WIMBUSH

512106.

88 A.D.3d 1046 (2011)

930 N.Y.S.2d 502

2011 NY Slip Op 6968

In the Matter of the Claim of JUAN BRAN, Respondent, v. RALPH WIMBUSH, Appellant, et al., Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 6, 2011.

Spain, J.

Claimant was injured when he fell off a ladder while performing sheetrocking work for the employer. When this matter was previously before us, we modified a determination of the Workers' Compensation Board by reversing that portion that calculated claimant's average weekly wage at $620 (Matter of Bran v Wimbish, 73 A.D.3d 1378 [2010]). Upon remittal, the Board recalculated claimant's average weekly wage at $500...

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