MATTER OF KENDLE v. COLONIE MASONRY CORP. OF ALBANY


199 A.D.2d 701 (1993)

605 N.Y.S.2d 484

In the Matter of the Claim of Edward Kendle, Respondent, v. Colonie Masonry Corporation of Albany et al., Appellants. Workers' Compensation Board, Respondent

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

December 16, 1993


Weiss, P. J.

On September 17, 1990 while employed full time as a laborer, claimant fell 15 to 20 feet off a scaffold striking his head and landing on his back. He was rendered unconscious and suffered, among other things, a burst fracture at L-1 vertebra which necessitated a spinal fusion.

The employer does not contest the existence of the accident and resultant injuries, but contends that responsibility should be apportioned with injuries claimant...

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