MATTER OF MITCHELL v. NEW YORK TEL. CO.


208 A.D.2d 982 (1994)

617 N.Y.S.2d 223

In the Matter of the Claim of Joseph W. Mitchell, Respondent, v. New York Telephone Company, Appellant. Workers' Compensation Board, Respondent

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

October 13, 1994


Crew III, J.

On September 14, 1988 claimant, who was then employed as a service technician for his employer, New York Telephone Company, fell approximately 30 feet from a telephone pole while servicing a line and sustained various injuries. Although the self-insured employer initially made compensation payments to claimant, such payments ceased when a subsequent investigation allegedly revealed that claimant was engaged in construction work and, hence...

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