MATTER OF LITTLE v. GAINES ELECTRICAL CONTRACTING, INC.


36 A.D.3d 1056 (2007)

828 N.Y.S.2d 636

In the Matter of the Claim of GUY LITTLE, Respondent, v. GAINES ELECTRICAL CONTRACTING, INC., Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 11, 2007.


Cardona, P.J.

Claimant, an electrician apprentice, maintains that he suffered a ventral hernia as he lifted scrap conduit at a job site for the employer. He advised the employer of his injury and discussed with the employer's president, David Gaines, the possibility of filing a workers' compensation claim. According to claimant, Gaines told him to "take a layoff" and use health insurance to pay for his medical expenses because a workers' compensation claim "would...

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