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MATTER OF ROBBINS v. JERUSALEM

60 A.D.3d 1166 (2009)

874 N.Y.S.2d 638

In the Matter of the Claim of MATTHEW W. ROBBINS, Appellant, v. MESIVTHA TIFERETH JERUSALEM et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 12, 2009.

Mercure, J.P.

Claimant was formerly employed as a camp caretaker. In May 1999, he injured his back when he slipped on mud while carrying a 175-pound water pump, and a Workers' Compensation Law Judge (hereinafter WCLJ) found him to be permanently, totally disabled as a result of the injury. Subsequently, the workers' compensation carrier raised an issue of fraud and requested that claimant's benefits be suspended pursuant to Workers' Compensation Law § 114-a,...

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