MATTER OF PHELPS, JR. v. PHELPS


277 A.D.2d 736 (2000)

716 N.Y.S.2d 160

In the Matter of the Claim of FRANCIS E. PHELPS, JR., Appellant, v. JEFFREY PHELPS, Doing Business as PHELPS TREE SERVICE, Formally Known as PHELPS TREE PARAGON WIRE & CABLE CORPORATION, et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 22, 2000.


Carpinello, J.

In the course of his work as a tree foreman for his son's landscaping and tree service business, claimant injured his back, head, neck, face and mouth on June 21, 1991 and was awarded workers' compensation benefits at various temporary rates from that time, until they were temporarily suspended as of November 1996. By 1997, claimant was urging that he suffered from a permanent total medical disability such that he should be paid awards from July 1994...

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