MATTER OF CLAIM OF DUSHARM v. GREEN ISLAND CONTRACTING, LLC

506754

68 A.D.3d 1402 (2009)

2009 NY Slip Op 9346

890 N.Y.S.2d 728

In the Matter of the Claim of JON P. DUSHARM, Appellant, v. GREEN ISLAND CONTRACTING, LLC, et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 17, 2009.


Kane, J.

Claimant, a labor supervisor for a highway construction company, allegedly sustained a work-related back injury in April 2006, but did not seek medical treatment until May 2007 and did not apply for workers' compensation benefits until August 2007. Following a hearing, a Workers' Compensation Law Judge awarded claimant benefits. The Workers' Compensation Board reversed, concluding that claimant failed to provide...

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