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MATTER OF EL-SAYED ALY HEMEDA v. SBARRO, INC.

289 A.D.2d 784 (2001)

734 N.Y.S.2d 513

In the Matter of the Claim of EL-SAYED ALY HEMEDA, Appellant, v. SBARRO, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 20, 2001.

Spain, J.

Based upon allegations that he had been assaulted at work by his supervisor, claimant filed a claim for workers' compensation benefits. At the hearing, claimant and his supervisor, who were the only persons present at the place and time of the alleged assault, presented conflicting versions of the incident, with the supervisor denying that he assaulted claimant. The Workers' Compensation Board concluded that claimant...

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