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MATTER OF LAMANTIA v. MIDLAND ELEVATOR COMPANY, INC.

59 A.D.3d 892 (2009)

874 N.Y.S.2d 287

In the Matter of the Claim of ROBERT LAMANTIA, Respondent, v. MIDLAND ELEVATOR COMPANY, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 26, 2009.

STEIN, J.

Claimant filed two separate claims for workers' compensation benefits in March 2005. One claim was for bilateral carpal tunnel syndrome and the other was related to a back injury. A Workers' Compensation Law Judge (hereinafter WCLJ) found that a compensable back injury of a temporary nature existed and awarded claimant a nonschedule temporary disability award at the maximum benefit rate of $400 per week commencing March 21, 2005. On the same day the back...

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