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MATTER OF TONER v. MICHAEL HANLEY MOVING & STORAGE

40 A.D.3d 1199 (2007)

834 N.Y.S.2d 728

In the Matter of the Claim of SHAUN TONER, Respondent, v. MICHAEL HANLEY MOVING & STORAGE et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 3, 2007.

Spain, J.

Claimant sustained injuries to his back in January 1998 when he fell from a ladder while working as a carpenter on a construction site. He filed a claim for his back injury and, later, another claim for a work-related hearing loss. After a hearing, a Workers' Compensation Law Judge (hereinafter WCLJ) determined by decision filed March 8, 2004 that the employer was covered for both claims under a policy written by the workers' compensation carrier, Homestead...

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