Wayne Ireland v. Eurovia Atlantic Coast, LLC (Decision 25-17) – Appellate Division affirms ALJ’s decision applying sec. 102(4)(D) to determine average weekly wage where the employee was subject to periodic layoff and had “consistent intermittent relationship” with the labor market, and method C for seasonal employment did not apply where employee worked more than 26 weeks per year. Further, the ALJ did not act beyond his allowable discretion in denying request to continue hearing where the Board’s Office of Medical Rehabilitation could not locate a 312 IME examiner in toxicology and the employee did not request an opportunity to locate his own medical expert examiner.
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