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MATTER OF RENTERIA v. SANTINO'S CAFE

62 A.D.3d 1233 (2009)

879 N.Y.S.2d 638

In the Matter of JOSE M. RENTERIA, Respondent, v. SANTINO'S CAFÉ et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 28, 2009.

Rose, J.

Claimant, a chef, sustained a work-related injury to his back in May 2007 and did not return to work. Approximately five months later, while visiting his mother in Florida, worsening pain prompted him to seek medical attention at an emergency room. Inasmuch as a report completed at the time of his examination there included a notation that claimant "twisted his back again," his employer and its workers' compensation...

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