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MATTER OF REILLO v. ENERGY SAVER INSULATION CORPORATION

306 A.D.2d 775 (2003)

762 N.Y.S.2d 146

In the Matter of the Claim of WILLIAM REILLO, Respondent, v. ENERGY SAVER INSULATION CORPORATION et al., Respondents, and FRED SUTTON, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 26, 2003.

Peters, J.

On September 19, 1995, claimant was injured when he fell from a ladder while working for the employer. At the time of the accident, Fred Sutton and John Miracola were the sole shareholders and officers of the employer. Claimant applied for workers' compensation benefits as the result of injuries he sustained in the accident. The Enforcement Unit of the Workers' Compensation Board undertook an investigation concerning the employer's legal status and discovered...

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