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IN THE MATTER OF HARRIS v. PHOENIX CENTRAL SCHOOL DISTRICT

28 A.D.3d 1051 (2006)

814 N.Y.S.2d 334

In the Matter of the Claim of PAUL HARRIS, Appellant, v. PHOENIX CENTRAL SCHOOL DISTRICT et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

April 27, 2006.

Cardona, P.J.

Claimant filed for workers' compensation benefits alleging that he suffered a work-related injury to his elbow on May 6, 2004. However, he concededly did not give notice of such injury to his employer until June 11, 2004. Following a hearing before a workers' compensation law judge (hereinafter WCLJ), the claim was disallowed on the grounds that notice was not timely given, claimant had not shown a lack of prejudice to the employer, and the late notice...

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