MATTER OF HOLLENBECK v. HOLLENBECK & DAILEY


2 A.D.3d 1068 (2003)

768 N.Y.S.2d 742

In the Matter of the Claim of JAMES S. HOLLENBECK, Respondent, v. HOLLENBECK & DAILEY et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

December 18, 2003.


Kane, J.

Claimant, vice-president and a laborer for a family-owned roofing business, filed for workers' compensation benefits after being injured in an unwitnessed fall. While the accident occurred on September 15, 2000, his claim for compensation was dated November 14, 2000 and filed on November 24, 2000. An employer's report of injury dated November 15, 2000 was filed on November 27, 2000. The workers' compensation carrier controverted the claim based on, among...

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