Legal Opinion

Claim of DeFayette v. Verizon

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

Decided January 6, 2011Published

1Opinion of the CourtGarry, J.

Appeal from a decision of the Workers’ Compensation Board, filed March 25, 2009, which ruled that claimant is not entitled to lost time awards from November 18, 2003 to September 13, 2007.

Claimant suffered a compensable injury to his left shoulder in May 2002.* He was awarded workers’ compensation benefits for intermittent lost time from May 17, 2002 to November 18, 2003, with subsequent compensable lost time awards held in abeyance. In December 2005, the claim was amended to include an injury to claimant’s right shoulder. Thereafter, claimant began filing requests for further action alleging…

2Cases cited3 opinions

  1. Claim of Lopez v. Superflex, Ltd.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Claim of Spector v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2002
  3. Nickel v. Kings Park Psychiatric CenterAppellate Division of the Supreme Court of the State of New York · 2008

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