MATTER OF ABEL v. WOLFF AND DUNGEY, INC.


287 A.D.2d 914 (2001)

732 N.Y.S.2d 118

In the Matter of the Claim of ROBERT ABEL, Appellant, v. WOLFF AND DUNGEY, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 25, 2001.


Cardona, P. J.

In 1984, claimant, whose left leg had previously been amputated due to an unrelated accident, applied for workers' compensation benefits due to the presence of work-related abscesses on his leg. Thereafter, the claim was established and, in 1986, the Workers' Compensation Board, inter alia, ordered the employer's workers' compensation carrier to pay for the cost of a replacement prosthesis. Claiming nonpayment by the carrier, in August 1999,...

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