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MATTER OF MONZON v. SAM BERNARDI CONSTRUCTION, INC.

47 A.D.3d 977 (2008)

849 N.Y.S.2d 119

In the Matter of the Claim of HUMBERTO MONZON, Respondent, v. SAM BERNARDI CONSTRUCTION, INC., Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 3, 2008.

Rose, J.

In 2004, claimant was injured in a work-related accident. At a hearing before a Workers' Compensation Law Judge on February 4, 2005, claimant testified that he had not worked since the accident and could not return to work, at which point the employer's attorney requested a hearing so that he could produce a witness who would testify that claimant had, in fact, returned to work and that there was videotape proof of such. The Workers' Compensation Law Judge...

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