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MATTER OF McHUGH v. FREEMAN

61 A.D.3d 1127 (2009)

877 N.Y.S.2d 732

In the Matter of the Claim of THOMAS McHUGH, Claimant, v. DAILY FREEMAN et al., Respondents, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 9, 2009.

[61 A.D.3d 1128]
MALONE Jr., J.

In 2000, claimant suffered work-related injuries and began receiving workers' compensation benefits. Claimant had a second job at the time of his injury and his benefits were increased as a result. In 2004, the employer's workers' compensation carrier sought reimbursement for those additional benefits from the Special Disability Fund (see Workers' Compensation Law § 14 [6]; § 15 [8] [l...

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