Nicholas v. Uniondale School District

Appellate Division of the Supreme Court of New York

Nicholas v. Uniondale School District

77 A.D.2d 697, 429 N.Y.S.2d 506, 1980 N.Y. App. Div. LEXIS 12426

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 3, 1980

StatusPublished

This text of 77 A.D.2d 697 (Nicholas v. Uniondale School District) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nicholas v. Uniondale School District, 77 A.D.2d 697, 429 N.Y.S.2d 506, 1980 N.Y. App. Div. LEXIS 12426 (N.Y. Ct. App. 1980).

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Opinion

Appeal from a decision of the Workers’ Compensation Board, filed July 5, 1979, which established claimant’s wage rate on the basis of her actual earnings of $40.50 per week. The board found "that the claimant limited her employment to ten months a year, that the claimant was not engaged in dual employment or receiving two salaries, and that the wage rate should be fixed on the basis of her actual earnings of $40.50 per week.” The board’s decision is supported by substantial evidence and, therefore, claimant is not entitled to have her average weekly wage fixed pursuant to subdivision 3 of section 14 of the Workers’ Compensation Law (see Matter of Pfeifer v Parkside Caterers, 42 NY2d 59). Decision affirmed, without costs. Greenblott, J. P., Kane, Main, Mikoll and Herlihy, JJ., concur.

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Appeal from a decision of the Workers’ Compensation Board, filed July 5, 1979, which established claimant’s wage rate on the basis of her actual earnings of $40.50 per week. The board found "that the claimant limited her employment to ten months a year, that the claimant was not engaged in dual employment or receiving two salaries, and that the wage rate should be fixed on the basis of her actual earnings of $40.50 per week.” The board’s decision is supported by substantial evidence and, therefore, claimant is not entitled to have her average weekly wage fixed pursuant to subdivision 3 of section 14 of the Workers’ Compensation Law (see Matter of Pfeifer v Parkside Caterers, 42 NY2d 59). Decision affirmed, without costs. Greenblott, J. P., Kane, Main, Mikoll and Herlihy, JJ., concur.

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Bluebook (online)

77 A.D.2d 697, 429 N.Y.S.2d 506, 1980 N.Y. App. Div. LEXIS 12426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholas-v-uniondale-school-district-nyappdiv-1980.

Opinion

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