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MATTER OF TUMMINELLO v. DADSWELL & TUMMINELLO, INC.

132 A.D.2d 735 (1987)

In the Matter of the Claim of Frank Tumminello, Appellant, v. Dadswell and Tumminello, Inc., et al., Respondents. Workers' Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 2, 1987

Levine, J.

Claimant, who is both an employee and co-owner of the employer corporation, allegedly injured his back while at work on December 7, 1979. Claimant was subsequently hospitalized and underwent back surgery in January 1980. It is undisputed that claimant permitted a year to pass before he made a claim for workers' compensation benefits by filing a form C-3 dated December 26, 1980. The employer and the...

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