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MATTER OF ATKINSON v. JOSEPH BALDWIN CONSTRUCTION

43 A.D.3d 1240 (2007)

841 N.Y.S.2d 724

In the Matter of the Claim of TIMMY ATKINSON, Appellant, v. JOSEPH BALDWIN CONSTRUCTION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided September 20, 2007.

Spain, J.

In July 1998, claimant sustained a compensable injury to his right shoulder while erecting scaffolding for the employer at a prison facility in the Town of Malone, Franklin County (see Atkinson v State of New York, 20 A.D.3d 739, 739-740 [2005]). Thereafter, defendant filed a workers' compensation claim and, while the claim concerning his right shoulder was progressing...

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