MATTER OF CLAIM OF SARBO v. TRI-VALLEY PLUMBING & HEATING

520972.

144 A.D.3d 1219 (2016)

2016 NY Slip Op 07243

39 N.Y.S.3d 846

In the Matter of the Claim of MICHAEL SARBO, Respondent, v. TRI-VALLEY PLUMBING & HEATING et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 3, 2016.


In August 2010, claimant, a sheet metal installer, sustained a compensable work-related injury to his back. After a hearing in February 2011, a Workers' Compensation Law Judge (hereinafter WCLJ) found that claimant's average weekly wage before the injury was $1,302.86. Claimant did not return to work. Following a hearing in October 2013...

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