MATTER OF OUTERIE v. DERLE FARMS, INC.


306 A.D.2d 793 (2003)

761 N.Y.S.2d 543

In the Matter of the Claim of JAMES OUTERIE, Appellant, v. DERLE FARMS, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 26, 2003.


Mercure, J.

In July 1995, claimant sustained a back injury in the course of his employment as the driver of a milk delivery truck. He was paid workers' compensation benefits from July 1995 until January 1997, based upon the finding that he had sustained a mild partial disability. Claimant's benefit payments ceased, however, when it came to light at a hearing, held January 13, 1997 before a Workers' Compensation Law Judge (hereinafter WCLJ), that he had been working...

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