MATTER OF CLAIM OF DEFAYETTE v. VERIZON


64 A.D.3d 836 (2009)

882 N.Y.S.2d 547

In the Matter of the CLAIM OF ANDREW DEFAYETTE, Appellant, v. VERIZON et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided July 2, 2009.


Stein, J.

Claimant suffered a work-related injury to his back in January 2003 and was awarded workers' compensation benefits. In October 2004, although claimant's physician opined that he remained totally disabled, an independent medical examiner concluded that claimant had no disability and could work without any restrictions. Based on the latter opinion, the self-insured employer suspended claimant's workers' compensation benefits. Following two hearings at which...

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