MATTER OF AMICOLA v. NEW YORK TELEPHONE COMPANY


294 A.D.2d 621 (2002)

741 N.Y.S.2d 329

In the Matter of the Claim of LEONARD AMICOLA, Appellant, v. NEW YORK TELEPHONE COMPANY, Respondent, and SPECIAL FUNDS CONSERVATION COMMITTEE, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 2, 2002.


Lahtinen, J.

On December 14, 1992, claimant, an employee of New York Telephone (hereinafter the employer), slipped and fell on ice in the employer's parking lot, suffering a low back injury. In February 1993, claimant had disc repair surgery which kept him out of work until September 1993, when he returned to light duty which consisted of working half days where he admittedly "made coffee for people * * * and * * * did absolutely nothing."

On May 9, 1994,...

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