Legal Opinion

Claim of Borgal v. Rochester-Genesee Regional Transportation Authority

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

Decided July 11, 2013Published

1Opinion of the CourtSpain, J.

Appeal from a decision of the Workers’ Compensation Board, filed February 21, 2012, which, among other things, ruled that claimant did not violate Workers’ Compensation Law § 114-a.

*915In January 2009, claimant suffered work-related injuries to his left shoulder and right hand. He continued working until July 2009, when he underwent surgery to repair a torn rotator cuff in his left shoulder. Workers’ compensation benefits were awarded from the date of surgery forward, on a total temporary disability basis. Subsequently, claimant began experiencing increased pain, and an MRI performed in August…

2Cases cited7 opinions

  1. Claim of Hammes v. Sunrise Psychiatric Clinic, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Claim of Engoltz v. Stewart's Ice CreamAppellate Division of the Supreme Court of the State of New York · 2012
  3. Claim of Hamza v. Steinway & SonsAppellate Division of the Supreme Court of the State of New York · 2011
  4. Monzon v. Sam Bernard Construction Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  5. Claim of McKenzie v. Revere Copper ProductsAppellate Division of the Supreme Court of the State of New York · 2007

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