O’Reiley v. Home Depot (Decision 26-03)- Appellate Division affirms ALJ decision finding a 14-day violation by Home Depot but ordering the penalty be paid to Planet Fitness, the employee’s subsequent employer where an aggravation injury occurred, and which was paying the employee total benefits. Where the employee did not conduct a good faith work search, it was not error for the ALJ to impute a full time minimum wage earning capacity.
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