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MATTER OF CLAIM OF ESTATE OF FRANKLIN VELASQUEZ v. NGA CONSTRUCTION COMPANY, INC.

516773

112 A.D.3d 1051 (2013)

977 N.Y.S.2d 423

2013 NY Slip Op 8185

In the Matter of the Claim of ESTATE OF FRANKLIN VELASQUEZ, Deceased, Respondent, v. NGA CONSTRUCTION COMPANY, INC., et al, Respondents, and CONTINENTAL INDEMNITY COMPANY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 5, 2013.

Peters, P.J.

Appeal from a decision of the Workers' Compensation Board, filed September 24, 2012, which ruled that Continental Indemnity Company was responsible for decedent's workers' compensation death benefits.

In May 2010, M & L Enterprises, LLC subcontracted with NGA Construction Company, Inc., a New Jersey company, to install siding on a building in Brooklyn. During the project, decedent, an employee of NGA, fell from a scaffold and suffered severe...

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