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MATTER OF HUTCHINSON v. FAHS-ROLSTON PAVING COMPANY

287 A.D.2d 936 (2001)

732 N.Y.S.2d 116

In the Matter of the Claim of GEORGE L. HUTCHINSON, Respondent, v. FAHS-ROLSTON PAVING COMPANY et al., Appellants, and FLOW SERVICES, INC., Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 25, 2001.

Spain, J.

Claimant was an employee of Fahs-Rolston Paving Company in 1994 when it began work as the general contractor on a highway construction project on Interstate Route 81 in Broome County. One of the jobs involved in the project was the removal of old concrete from bridge decks, for which hydrodemolition machinery was used. Fahs-Rolston did not own this equipment so it subcontracted with Flow Services, Inc., a Pennsylvania corporation, to provide it. Because...

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