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IN THE MATTER OF KATSARIS v. LOCKHEED MARTIN FEDERAL SYSTEMS

9 A.D.3d 701 (2004)

780 N.Y.S.2d 236

In the Matter of the Claim of DAVID G. KATSARIS, Appellant, v. LOCKHEED MARTIN FEDERAL SYSTEMS et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

July 15, 2004.

CARPINELLO, J.

The underlying facts of this claim for workers' compensation benefits are set forth in a prior decision of this Court and will not be repeated here (281 A.D.2d 744 [2001]). In our prior decision, we concluded that claimant, who suffered a work-related injury on July 10, 1996 and was fired for misconduct unrelated to this injury on October 23, 1996, had "`the burden of establishing by substantial evidence that the...

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