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IN THE MATTER OF MELLIS v. NEW YORK STATE DEPARTMENT OF CORRECTIONS

9 A.D.3d 766 (2004)

779 N.Y.S.2d 857

In the Matter of the Claim of ROBERT MELLIS, Appellant, v NEW YORK STATE DEPARTMENT OF CORRECTIONS et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

July 22, 2004.

CREW III, J.

Claimant, a correction officer, tested positive for hepatitis C in March 1998 while being treated for a lacerated finger following an altercation with an inmate. Claimant continued working until April 2001 and, one month later, filed a claim for workers' compensation benefits. The matter proceeded to a hearing, at which two of claimant's treating physicians appeared and testified. At the conclusion thereof, a Workers' Compensation Law Judge ruled that...

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