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MATTER OF FIGHERA v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION

303 A.D.2d 861 (2003)

755 N.Y.S.2d 344

In the Matter of the Claim of JAMES FIGHERA, Appellant, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 13, 2003.

Spain, J.

Claimant sustained injuries in the course of his employment as a construction worker in May 1994 and again in April 1997. He went on a medical leave of absence on October 15, 1997. The employer filed C-2 reports of injury and, following a hearing, a Workers' Compensation Law Judge (hereinafter WCLJ) classified claimant as permanently partially disabled and awarded him workers' compensation benefits. However, in the

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