From Casetext: Smarter Legal Research

Matter of Boucher v. Boucher

Appellate Division of the Supreme Court of New York, Third Department
Dec 13, 1979
73 A.D.2d 746 (N.Y. App. Div. 1979)

Opinion

December 13, 1979


Appeal from decisions of the Workers' Compensation Board, filed December 22, 1978 and February 28, 1979, which reversed a referee's decision and held that the claimant's average weekly wage should be fixed pursuant to subdivision 3 of section 14 of the Workers' Compensation Law and that the 260 multiple was applicable. The board found: "based on the evidence in the record and the testimony of the claimant that claimant was not a seasonal worker; that he was ready, willing and able to work when work was available. It is further found that neither Subdivision 1 nor Subdivision 2 of Section 14 applies since the claimant did not work substantially the whole of the year, nor is there a similar worker who worked substantially the whole of the year. Therefore neither of the methods provided for in Subdivision 1 or 2 of section 14 can fairly and reasonably be applied and pursuant to Subdivision 3, section 14, find that the 260 multiple is applicable producing an average weekly wage of $223.33." There is substantial evidence to sustain the determination of the board as amended (Matter of Palmer v Kaye Candies, 42 A.D.2d 661). Decisions affirmed, with costs to the Workers' Compensation Board against the employer and its insurance carrier. Sweeney, J.P., Main, Mikoll and Herlihy, JJ., concur.


Summaries of

Matter of Boucher v. Boucher

Appellate Division of the Supreme Court of New York, Third Department
Dec 13, 1979
73 A.D.2d 746 (N.Y. App. Div. 1979)
Case details for

Matter of Boucher v. Boucher

Case Details

Full title:In the Matter of the Claim of DONALD BOUCHER, Respondent, v. REAL BOUCHER…

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

Date published: Dec 13, 1979

Citations

73 A.D.2d 746 (N.Y. App. Div. 1979)