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MATTER OF McNALLY v. NEWSDAY

40 A.D.3d 1323 (2007)

835 N.Y.S.2d 780

In the Matter of the Claim of THOMAS McNALLY, Appellant, v. NEWSDAY et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 24, 2007.

Crew III, J.P.

Claimant ceased working in December 1998 due to problems he was experiencing with his left knee. In June 2003, claimant filed a claim for workers' compensation benefits asserting that he required knee replacement surgery as the result of an injury to the knee sustained in the course of his employment. Following a hearing, claimant's application was disallowed as time-barred, which determination was affirmed by the Workers' Compensation Board, prompting...

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