ATTER OF VENTURA v. GOTHAM PER DIEM, INC.


14 A.D.3d 753 (2005)

787 N.Y.S.2d 495

In the Matter of the Claim of MARTHA VENTURA, Appellant, v. GOTHAM PER DIEM, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

January 6, 2005.


Rose, J.

Claimant, a home health aide, injured her neck and back while lifting a patient. She filed a claim for workers' compensation benefits, which was controverted by her employer. Hearings were thereafter conducted and the testimony of claimant was scheduled. However, because claimant's attorney was unable to attend the hearing, claimant's deposition was taken instead. Upon considering only claimant's deposition testimony and documentary evidence in the file,...

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