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MATTER OF GIEMZA v. TOWN OF CAMBRIDGE

45 A.D.3d 1008 (2007)

845 N.Y.S.2d 846

In the Matter of the Claim of EUGENE GIEMZA, Respondent, v. TOWN OF CAMBRIDGE et al., Respondents, and WASHINGTON COUNTY SELF-INSURANCE, Care of BENETCH INC., Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 8, 2007.

Rose, J.

On August 16, 1993, claimant was injured while working for the Town of Cambridge in Washington County when the tractor he was operating was struck from behind by a dump truck. He filed a claim for workers' compensation benefits and also commenced a third-party action against the driver of the dump truck. Following a hearing, a Workers' Compensation Law Judge (hereinafter WCLJ) issued a June 25, 2002 decision finding that claimant suffered work-related injuries...

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