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MATTER OF MOLINA v. LOPANO

47 A.D.3d 1083 (2008)

850 N.Y.S.2d 669

In the Matter of the Claim of OMAR MOLINA, Respondent, v. ROCKY LOPANO, Appellant and FD PROPERTY HOLDING, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 17, 2008.

Cardona, P.J.

Claimant was injured in 2002 and filed a claim for workers' compensation benefits listing Fresh Direct c/o FD Property Holding, Inc. (hereinafter FD Property) as his employer however, FD Property denied that an employer-employee relationship existed with claimant. Following a hearing, a Workers' Compensation Law Judge (hereinafter WCLJ), in a decision filed July 23, 2004, determined, among other things, that Rocky Lopano, doing business as Rocky Lopano...

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