MATTER OF HERNANDEZ v. VOGEL'S COLLISION SERVICE


48 A.D.3d 861 (2008)

851 N.Y.S.2d 287

In the Matter of the Claim of ELVIS L. HERNANDEZ, Appellant, v. VOGEL'S COLLISION SERVICE et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 14, 2008.


Kane, J.

Claimant was hired by the employer in July 2002 to perform automobile restoration. On November 8, 2002, claimant left work and informed the employer several weeks later that he had been suffering from neck pain, related to a fall he had taken in 1988, and that he could not return to work at that time. In 2003, claimant, who was still out of work, was diagnosed with bilateral carpel tunnel syndrome and had corrective surgery to both arms. In August 2004, claimant...

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