Legal Opinion
Claim of Kestler v. Old Castle Callanan Industries, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2007PublishedCited by 2 opinions
1Opinion of the CourtCarpinello, J.
Cross appeals from a decision of the Workers’ Compensation Board, filed July 17, 2006, as amended by decision filed July 31, 2006, which ruled, among other things, that claimant violated Workers’ Compensation Law § 114-a and disqualified him from receiving wage replacement benefits.
In 2003, claimant filed a claim for workers’ compensation benefits alleging that he had sustained injuries to his neck and back from regularly operating a front-end loader with mismatched tires. At an ensuing hearing, claimant testified that he had no back or neck problems prior to his claimed work-related…
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