MATTER OF DORY v. NEW YORK STATE ELECTRIC & GAS CORPORATION


64 A.D.3d 848 (2009)

881 N.Y.S.2d 683

In the Matter of GEORGE M. DORY, Respondent, v. NEW YORK STATE ELECTRIC & GAS CORPORATION et al., Appellants, and SPECIAL DISABILITY FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided July 2, 2009.


McCarthy, J.

Claimant received workers' compensation benefits for a permanent partial disability apportioned between three work-related back injuries. In June 2006, an investigator hired by the employer's workers' compensation carrier observed claimant using a squat press machine. Claimant testified in November 2006 that he did not do squat presses and his physicians testified that he should not do so. The employer and carrier thereafter sought to disqualify claimant...

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