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IN THE MATTER OF CLAIM OF SAFI v. NEW YORK CITY DEPARTMENT OF EMPLOYMENT

54 A.D.3d 1107 (2008)

864 N.Y.S.2d 200

In the Matter of the Claim of SHAYRH NIDAL A.M. SAFI, Respondent, v. NEW YORK CITY DEPARTMENT OF EMPLOYMENT, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

September 18, 2008.

KANE, J.

Claimant was awarded workers' compensation benefits after he suffered a permanent partial disability resulting from a work-related injury in 1995. Claimant also commenced a third-party action related to his injury. In 2003, the third-party action was dismissed on default, pursuant to the defendant's unopposed motion to dismiss. Thereafter, the self-insured employer suspended claimant's workers' compensation benefits...

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