MATTER OF FISHER v. BOTHAR CONSTRUCTION


49 A.D.3d 1042 (2008)

853 N.Y.S.2d 707

In the Matter of the Claim of GREGORY L. FISHER, Appellant, v. BOTHAR CONSTRUCTION, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 20, 2008.


Kane, J.

Claimant worked for the employer as a construction supervisor, a position that required heavy lifting. In July 2001, he injured his head and neck when some barrels fell on his head. Claimant continued to work without restrictions until October 2001, when he was laid off for reasons unrelated to the work accident. He began applying for other employment in the construction field without mentioning any injury or restrictions, but received no offers until April...

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